Mural Bulldozing Pvt. Ltd vs Akash Dredging And Marine ...
2017 Latest Caselaw 159 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             SUMMARY SUIT NO. 291 OF 2015
Mural Buldozing Private Limited, a Company                               )
registered under the Companies Act, 1956, having its                     )
registered office at 1/165, Zakeria Bunder Road,                         )
Sewree, Mumbai - 400 015                                                 )        ...       Plaintiff


Versus

Akash Dredging and Marine Services Private Limited                       )
a Company registered under the Companies Act,                            )
1956 having its registered office at 106 Lakshya,                        )
48-1-34/7 Sri Nagar, Visakhapatnam,                                      )
Andhra Pradesh - 530016                                                  )        ...       Defendant


Ms. Jyoti Maheshwari a/w. Ms. Nisha Kaba for the Plaintiff.
Ms. Shivani Soni i/b. Deven Dwarkadas and Partners for the Defendant.


                                           CORAM : S.J. KATHAWALLA, J.
                                           DATED : 28TH FEBRUARY, 2017

JUDGMENT :

1. By an order dated 2nd May, 2016, this Court ( Coram : K.R. Shriram, J.) had

in Summons for Judgment No. 76 of 2015 in Summary Suit No. 291 of 2015 granted

Leave to the Defendant to defend the Suit on condition that the Defendant would

deposit in Court a sum of Rs.69,15,116/- within a period of six weeks from the date of

the said order.

2. The Defendant has neither preferred an Appeal from the order dated 2nd

May, 2016 nor deposited the said amount as directed by the Court.

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3. The learned Advocate appearing for the Plaintiff has tendered the Non-

Deposit Certificate issued by the Prothonotary and Senior Master dated 24th January,

2017.

4. The Suit is based on a written contract evidenced by the Plaintiff's offer

letter dated 12th March, 2013 (Exhibit-A to the Plaint) and Defendant's Work Order

(Exhibit-B to the Plaint) read with bills raised pursuant thereto (Exhibit-C to the

Plaint).

5. The original documents are on record. In view of Clause (b) of Sub Rule

(6) of Rule 3 of the Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff

is forthwith entitled to a Judgment against the Defendant in view of non-compliance

with the order of this Court granting conditional leave to defend the Suit.

6. Hence, I pass the following order :

i. The Defendant is ordered and decreed to pay to the Plaintiff a sum of

Rs.1,04,27,248/- alongwith further interest at the rate of 18% per annum on

Rs.84,87,243/-, from the date of filing of the Suit till payment and / or realization.

ii. The Defendant shall pay to the Plaintiff the costs of the Suit.

iii. A copy of this Judgment shall be served on the Defendant by Registered

Post AD at the address shown in the Plaint by the Advocate for the Plaintiff.

iv. The Summary Suit is accordingly disposed off.

v.           Refund of Court fees, if any, as per Rules.

vi.          The drawing of the Decree is expedited.





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vii.        The office shall return the original documents to the Advocate for the

Plaintiff upon the Advocate for the Plaintiff handing over Photostat copies of the said

documents duly certified by them as true copies.

( S.J.KATHAWALLA, J. )