Rajesh Ramanlal Shah v. Pradeep Shah and 2 Ors.

48.sj.36.2015.doc

dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUMMONS FOR JUDGMENT NO. 36 OF 2015 IN

SUMMARY SUIT NO. 264 OF 2015

Rajesh Ramanlal Shah ...Plaintiff vs Pradeep Shah & Anr ...Defendants

Mr Simi Purohit a/w Sharmili Mhatre i/b Rohit Shetty for the Plaintiff Ms Sunanda Kumbhat for Defendant No.1 in SS 322 of 2015 and for Defendant Nos.1 and 2 in SS No. 264 of 2015.

Ms Shama Mulla for Defendant No.2 in SS No.322 of 2015 and for Defendant No.3 in SS No.264 of 2015.

CORAM : S.C. GUPTE, J.

JANUARY 27, 2016

P.C. :

The Summary Suit is based on dishonoured cheques. The consideration for these cheques is stated to be a loan of Rs.2.5 Crores given by the Plaintiff to Defendant No.3 at the instance of Defendant No.1. It is the Plaintiff's case that this loan was given in February 2012; that in May 2012 Defendant No.1 executed Department Promissory Note and in June 2012 gave six cheques aggregating to Rs.2 Crores to the Plaintiff, towards repayment of this loan. The cheques were dishonoured when presented for payment, whereupon statutory notice was issued under Section 138 of the Negotiable Instruments Act, 1881 and a criminal case was filed. This case is pending before the Metropolitan Magistrate's Court at Girgaon in Mumbai. The Summary Suit seeks recovery of this amount.