Kaulchand H Jogani v. Shree Vardhan Investment and 6 Ors.
Case brief
What is this about?
The Court held that the suit was tenable as it contemplated urgent interim relief to restrain asset alienation. Rejected the defence of illegal money-lending, granting conditional leave to defend on deposit of the admitted sum from confirmed accounts, rather than unconditional leave.
What did the court decide?
Defendants granted leave to defend on condition of depositing Rs.7,95,81,250 within six weeks; suit transferred to Commercial Causes list upon compliance.
What the court decided
COMSSL21987-22 +.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.11.10 20:48:02 +0530
SUMMONS FOR JUDGMENT NO. 28 OF 2022
WITH
INTERIM APPLICATION (L) NO. 21991 OF 2022 IN
COMM SUMMARY SUIT (L) NO. 21987 OF 2022
Kaulchand H. Jogani ...Plaintiff
Versus
M/s. Shree Vardhan Investment & ors. …Defendants
Issues for consideration
3 issues framed by the court
Whether the institution of a commercial suit without pre-institution mediation is barable when the plaintiff contends the suit contemplates urgent interim relief.
Whether a suit based on unauthorised money-lending is triable under the Maharashtra Money-lending (Regulation) Act, 2014.
Whether the defendants are entitled to unconditional leave to defend without depositing the acknowledged sum from confirmed accounts.
Parties & counsel
- petitioner
Kaulchand H. Jogani
- respondent
M/s. Shree Vardhan Investment & ors.
Coram
N. J. Jamadar
Case details
As recorded by the court registry
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