Two appeals challenging a single judge's order granting conditional leave to defend were disposed of on consent terms. The companies were directed to pay specific amounts, and directors of one company were held personally liable.
Appeals disposed on consent terms directing payment of sums and holding directors personally liable.
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.
Signature Not Verified Digitally Signed FAO (OS) Nos.332/2015 & 510/2015 By:AM UL YA
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ORDER 22.01.2016
CM No. 18691/2015 in FAQ (OS) No.510/2015
Allowed.
CM Nos. 18692-93/2015 in FAQ COS^ No.510/2015
For the reasons stated in the two applications delay of filing and re filing the appeal is condoned.
FAQ rOS) Nos.332/2015 & 510/2015
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FAO (OS) Nos.332/2015& 510/2015
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FAO (OS) Nos.332/2015 & 510/2015
questioningthe conditionof grant of leave to defend.
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(i) The two defendant companies would pay tl crores each to the plaintiffwithin4weeks from today.
(ii) Since M/s.PahwaBuildtechPvt. Ltd. has deposited^7 crores in this Court pursuant to the impugned order, M/s. Pahwa Buildtech Pvt. Ltd. need not pay any money to the plaintiff,qua whom we directthe Registryto pay oversaidsum along with accruedinterestthereonto KuldeepSobti.
(iii) Suit shall proceed for trial with respectto Kuldeep Sobti's claim for damages and interest.
(iv) The directors of M/s.Ambica Buildtrade Ltd. shall be personally responsible for payment of T7 crores as per the agreement in terms whereof the above captioned appeals are disposed of.
FAO (OS) NOS.332/2015& 510/2015
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order.
PRADEEP N JOG, J.
MUKTA GUPTA, J.
JANUARY 22, 2016
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FAO (OS) Nos.332/2015 & 510/2015
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2 issues framed by the court
Whether leave to defend granted by the lower court on conditional terms can be challenged.
How to dispose of appeals filed against the conditional leave to defend order.
Colour shows how this judgement treated each authority
Shah Babulal Khimii Vs. Javaher D. Kania & Anr.Referred¶31
(1981) 4 SCC 8 Shah Babulal Khimii Vs. Javahp.n D.Kania&Anr. · Who else cites this
Kuldeep Sobti
M/s. Pahwa Buildtech Pvt. Ltd.
M/s. Ambica Buildtrade Ltd.
Pradeep N Jog
Mukta Gupta
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
