The Court granted unconditional leave to defend a summary suit for recovery of money. The Plaintiff claimed misappropriation of jewelry on an approval basis; the Defendant denied the contract and receipt of goods, raising triable issues.
Defendant granted unconditional leave to defend the suit; Written Statement to be filed within six weeks.
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908-SJ-23-15-SS-240-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 23 OF 2015
IN
SUMMARY SUIT NO. 240 OF 2015 WITH
CHAMBER SUMMONS NO. 68 OF 2016 IN
SUMMARY SUIT NO. 240 OF 2015
M/s. Mukesh B. Jhaveri …Plaintiff Versus Ratin Mehta …Defendant
Mr. Chirag Kamdar, a/w Ms. Pooja Karadia, i/b Nahush Shah, for the Plaintiff.
Mr. A.K. Maheshwari, for the Defendant.
CORAM : S.C. GUPTE, J. DATE : 23rd February 2016
P.C. :
1. The Summons for Judgment is taken out in a Summary
Suit praying for a decree of about Rs. 3.81 Crores together with pendente lite interest.
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908-SJ-23-15-SS-240-15.doc
memo dated 17th September 2011 goods, namely, jewelery of an aggregate value of about Rs. 2.62 Crores, were handed over to the Defendant on an approval basis for prospective sale/inspection on conditions mentioned overleaf in the approval memo. It is the Plaintiff's case that though the Defendant was not entitled to sell these goods, the Defendant proceeded to misappropriate and sell these goods. It is the Plaintiff's grievance that the Defendant has neither returned the goods to the Plaintiff nor paid the price thereof.
statements made by the Defendant before the Economic Offences
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908-SJ-23-15-SS-240-15.doc
Wing on 16th October 2012 and 9th April 2013. The defendant disputes these statements as also their relevance for use as evidence in this Suit.
(ii) Written Statement to be filed within six weeks from today;
(iii) The Suit to be transferred to the list of
Commercial Causes;
(iv) The Suit to come up on board for directions after
six weeks;
(v) The Summons for Judgment is disposed of accordingly.
[S.C. GUPTE, J.]
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1 issue framed by the court
Whether the Plaintiff's claim for recovery of money arising from misappropriated goods admits of an unconditional leave to defend.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
