The High Court of Bombay at Commercial Appeal No. 202 of 2018 dismissed the appeal against an order of the learned Single Judge which dismissed a deposit of Rs. 12.50 lakhs filed by appellants and quashed Notice of Motion No. 426 of 2018.
Notice of Motion No. 426 of 2018 disposed of; appeal dismissed with merit kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL APPEAL LODGING NO. 202 OF 2018
IN
COMMERCIAL SUIT NO. 280 OF 2017 WITH
NOTICE OF MOTION LODGING NO. 426 OF 2018
Darsh Sanjay Jain and ors.
.. Appellants (Org. Defts.)
Vs.
Kajal Manoj Chheda and ors.
.. Respondents (Org.Plffs.)
Mr. Rushabh Sheth a/w Ms. Neha Shah i/by M.S. Bodhanwalla and Co. for appellants.
Mr. Rohan Rajadhyaksha with Viral Amin i/by B. Amin and Co. for respondents.
CORAM: NARESH H. PATIL & Digitally G. S. KULKARNI, JJ. signed by Pravin Pravin Dasharath Dasharath Pandit JULY 10, 2018. Pandit Date: 2018.07.12 15:24:25 +0530
JULY 10, 2018.
P.C.
Single Judge dated 16/3/2018 in Notice of Motion No. 638 of 2017.
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the facts and considering the pleadings, a Summary Suit of this nature is not maintainable. Considering the defence of the defendants no case is made out for having triable issues in the Suit. The learned counsel submits that in accordance with the impugned order, an amount of Rs.12.50 lakhs has been deposited in the Suit account. It is submitted that merely on confirmation entry in the accounts, plaintiffs are taking benefit by filing a Suit.
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that all issues on merits, including the deposit made by the appellants
consequent to the order passed by the learned Single Judge, are kept open.
disposed of.
(G. S. KULKARNI J.) (NARESH H. PATIL,J.)
2 issues framed by the court
Whether the appeal against the single judge order dismissing the suit with deposit is maintainable.
Whether issues regarding jurisdiction and maintainability can be decided in the appellate stage before trial.
Darsh Sanjay Jain and ors.
Kajal Manoj Chheda and ors.
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
