Allowed

M/s.Shakti International Pvt. Ltd. v. M/s.Excel Metal Processors Pvt. Ltd. and Neel Trading Co. (Applicant)

Bombay HC21 Apr 2017NMS/777/2017

Case brief

AI extract

What is this about?

This is an ex parte commercial suit where the defendants failed to deposit the required security sum of Rs. 2.10 crores. The court granted an ex parte decree in terms of the plaintiff's prayers, awarded interest at 18% p.a., and ordered a refund of court fees.

What did the court decide?

Ex parte decree for Rs. 2.48 crores with interest at 18% p.a.; costs of Rs. 6 lakhs; refund of court fees.

M/s.Shakti International Pvt. Ltd. Vs… — Civil Procedure and Limitation | Bombay HC (2017)

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41-COMSS479-17.DOC

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Atul

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

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COMM SUMMARY SUIT NO. 479 OF 2017

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WITH

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NOTICE OF MOTION NO. 777 OF 2017

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Bharat S Shah

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…Plaintiff

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Versus

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BR Films & Ors

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…Defendants

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Mr Anoshak Daver, with Nirav Shah & Priyanka Mehta, i/b Little &
Co., for the Plaintiff.
Mr Haresh Gokhale, i/b DSK Legal, for Defendants Nos. 1 to 3.

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CORAM: G.S. PATEL, J DATED: 4th March 2019

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PC:-

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1.The Plaintiff seeks a decree in the amount of Rs.
2,48,14,520/- with further interest. The writ of summons having
been served, the Defendants entered appearance and sought leave to
defend. The Plaintif led Summons for Judgment No. 85 of 2017.f
SC Gupte J disposed of that Summons for Judgment on 16th April
2018, granting conditional leave to defend upon the Defendants
depositing an amount of Rs. 2.10 crores within six weeks.

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Page 1 of 3
4th March 2019

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41-COMSS479-17.DOC

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2.The Defendants did not comply. There is a no deposit
certificate dated 2nd August 2018. The learned Advocate for the
Defendants has no instructions but confirms that no deposit has
been made till date. This was noted in previous orders as well
including the order of 17th July 2018 of AK Menon J by which he
placed the matter for an ex parte decree.

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3.In view of the non-fulfilment of the condition, the Plaintiff is
entitled to an ex parte decree under the provisions of Order XXXVII
Rule 3(6)(b) of the Code of Civil Procedure 1908.

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4. Accordingly, for the reasons set out in the order of Gupte J in the Summons for Judgment, the suit is decreed in terms of the prayers but with interest on principal sum of Rs. 2.10 crores at 18% per annum from the date of the suit till payment of realization.

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5.In addition, the Plaintiff will be entitled to a decree in costs in
view of the amendment to Section 35 of the Code of Civil Procedure
1908 of the Commercial Courts Act. Noting that the order of Gupte
J on the Summons for Judgment did not award costs, I believe an
amount of Rs. Six lakhs is reasonable as litigation expenses incurred
at both stages. The decree for costs will not carry interest.

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6.In addition, the Plaintiff will be entitled to a refund of court
fee in accordance with Rules.

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7. The compilation of document is taken on record and marked Exhibit “P1”(collectively) in evidence. The original documents

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Page 2 of 3
4th March 2019

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41-COMSS479-17.DOC

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will be returned to the Plaintiff on these being substituted with the
authenticated photocopies, if not already done.

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8. The suit is disposed of in these terms.

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9.In view of disposal of the suit, the Notice of Motion does not
survive and disposed of as infructuous. No costs.

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(G. S. PATEL, J)

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Page 3 of 3
4th March 2019

M/s.Shakti International Pvt. Ltd. v. M/s.Excel Metal Processors Pvt. Ltd. and Neel Trading Co. (Applicant)

Case brief

What is this about?

What did the court decide?

M/s.Shakti International Pvt. Ltd. v. M/s.Excel Metal Processors Pvt. Ltd. and Neel Trading Co. (Applicant)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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