Bharat Muddanna Shetty vs Ahuja Properties And Developers ...
2021 Latest Caselaw 10116 Bom

            Digitally signed by
SMITA       SMITA JOHNSON
JOHNSON     GONSALVES
            Date: 2021.08.04
GONSALVES   15:18:47 +0530




                          sg                                                              1. sj9-21.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                             SUMMARY SUIT NO.1 OF 2021
                                                       WITH
                                         SUMMONS FOR JUDGMENT NO.9 OF 2021
                                                        IN
                                             SUMMARY SUIT NO.1 OF 2021

                          Bharat Muddanna Shetty                      ...Plaintiff
                                     vs.
                          Ahuja Properties And Developers And 2 Ors   ...Defendants
                                                           WITH
                                           INTERIM APPLICATION (L) NO.14343 OF 2021
                                                             IN
                                          SUMMONS FOR JUDGMENT NO.9 OF 2021

                          Ahuja Properties And Developers And 2 Ors.      ...Applicants

                          In the matter between:

                          Bharat Muddanna Shetty                          ...Plaintiff
                                     vs.
                          Ahuja Properties And Developers And 2 Ors       ...Defendants
                                     vs.
                          Bharat Muddanna Shetty                    .     ..Defendants
                                                            .....

                          Mr. Meetal Savla, a/w. Advocate Princee Vaishnav, i/b. Prime Legam, for
                          the Plaintiff.

                          Mr. Mikhail Behl, i/b. Madhukar Mulay, for the Defendants.
                                                             ....

                                                   CORAM : DAMA SESHADRI NAIDU, J.

DATED : 2 AUGUST 2021

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P.C. :

. In the first paragraph of the order, dated 13 July 2021, I mentioned "promissory note" instead of "bills of exchange". Therefore, the Plaintiff moved the praecipe to have that expression corrected. Of course, the Defendants' Counsel has contended that though the documents have been termed as bills of exchange, they are, in fact, promissory notes.

2. Indeed, ex facie the record reveals the documents to be bills of exchange, what they actually are is a matter of interpretation. Thus, without prejudice to either party, the first paragraph of the order, dated 13 July 2021, must record: The defendants executed "bills of exchange" rather than "promissory note".

3. The Registry will issue the corrected copy of order to the Defendants.

(DAMA SESHADRI NAIDU, J. )

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