Namita W/O Sandeep Khanna vs Manoj S/O Vasantrao Kumarley
2021 Latest Caselaw 17338 Bom

                                                          1                         48.WP.83-2018.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                              WRIT PETITION NO. 83 OF 2018
                                  ( Namita w/o Sandeep Khanna
                                               Vs.
                                  Manoj s/o Vasantrao Kumarley )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. J.B. Kasat, Advocate for the Petitioner.
                                  Mr. R.B. Mehadia, Advocate for the Respondent.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 13th DECEMBER, 2021.

Heard Mr. Kasat, learned counsel for the petitioner and Mr. Mehadia, learned counsel for the respondent.

2. Mr. Kasat, learned counsel for the petitioner takes exception for grant of unconditional leave to the defendant in a summary suit filed by the plaintiff for so called admitted claim of Rs.13,60,000/-(Rs. Thirteen Lakhs Sixty Thousand Only), towards discharge of a liability of a loan. The reasoning by the learned Trial Court are contained in para 6, which holds, that since the year 2014, both the firms were dissolved, the defendant paid loan installment of Rs.9,25,000/-(Rs. Nine Lakhs Twenty Five Thousand Only) and three shops were allotted to the respondent, considering which, the matter befitted the grant of unconditional leave. Taking 2 48.WP.83-2018.odt

exception to the same, Mr. Kasat, learned counsel for the petitioner, relying upon the finding in the judgment rendered in S.C.C. No. 13762/2015, dated 07.10.2021 in para 51 thereof, submits, that a finding has been rendered, that even assuming the claim by the defendant, an amount of Rs.2,40,000/-,(Rs. Two Lakhs Forty Thousand Only) may be a liability, which would be payable, by the defendant, considering which, the impugned order is hereby partly modified and the leave granted by the learned Trial Court is made conditional upon the defendant, depositing an amount of Rs.2,40,000/-(Rs. Two Lakhs Forty Thousand Only) with the learned Trial Court within a period of four weeks from today.

3. The petition is allowed in the above terms with no order as to costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:13.12.2021 19:57