Buzzworks Business Services Pvt. ... vs Jms Logistics Pvt. Ltd
2021 Latest Caselaw 6057 Bom

sg                                                             30. sj(l)3023-20.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             ORDINARY ORIGINAL CIVIL JURISDICTION

                 SUMMONS FOR JUDGMENT (L) NO.3023 OF 2020
                                 WITH
                 INTERIM APPLICATION (L) NO.2623 OF 2020
                                   IN
               COMMERCIAL SUMMARY SUIT (L) NO.2622 OF 2020

Buzzworks Business Services Pvt. Ltd.          ...Plaintiff
            vs.
JMS Logistics Pvt. Ltd.                        ...Defendant
                                    .....
Mr. Mutahar Khan, a/w. Mr. Dharmesh Joshi, Mr. Satyapal Thosar, Mr.
Parag Joshi and Mr. Rohit Upadhyay, i/b. T.D. Joshi & Associates, for the
Plaintiff.

Mr. Amit Jamsandekar, a/w. Mr. Vignesh Kamat, Mr. Viswajit Deb, Mr.
Suhail Shariff, Ms. Neha Mhatre and Ms. Rinky Deb, i/b. Falcon Legal &
Associates, for the Defendant.
                                  ....
                               CORAM : S.C. GUPTE, J.

DATED : 5 APRIL 2021 P.C. :

. This commercial summary suit, based on a written contract, seeks a decree in the sum of Rs.4,96,69,176/- together with interest computed at the rate of 12% p.a. during the pendency of the suit and post decree till payment and/or realisation. Learned Counsel for the Defendant, on taking instructions from his client, is agreeable to submit to a decree for the principal amount claimed in the suit, if the Defendant is given two years' time to pay this amount without any interest. Learned Counsel for the Plaintiff, after taking instructions from an authorised representative of his client, is agreeable to the proposal subject to the Defendant keeping to the

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sg 30. sj(l)3023-20.doc

timeline for repayment and, in case of default, the entire amount falling due together with interest t the rate of 12% p.a. from the date of the decree till payment or realisation. Learned Counsel for the Plaintiff accepts the condition proposed by Lardner Counsel for the Defendnant.

2. Accordingly, the summons for judgment is allowed and there will be a decree in the sum of Rs.4,96,69,176/- against the Defendant and in favour of the Plaintiff. This entire amount shall be paid by the Defendant to the Plaintiff in 27 installments. First of such installments shall be commencing from 5 May 2021 and each succeeding installment falling due on the 5th day of each succeeding month. In the event of there being any default in payment of these installments, the entire decretal amount shall fall due for payment with interest computed at the rate of 12% p.a. from the date of filing of the suit till payment or realization. There will be no order as to costs.

( S.C. GUPTE, J. )

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