Surya Processed Food Private ... vs Harihara Mahapatra
2021 Latest Caselaw 4558 Bom

           Digitally signed                                 1/2                              17.SJ-1-2019.doc
           by Gauri A.
           Gaekwad
Gauri A.   Date:
Gaekwad    2021.03.11
           17:13:38
           +0530
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                             IN ITS COMMERCIAL DIVISION
                                       SUMMONS FOR JUDGMENT NO.1 OF 2019
                                                      IN
                                     COMMERCIAL SUMMARY SUIT NO.1297 OF 2018
                   Surya Processed Food Private Limited            ....Applicant/Plaintiff
                              V/s.
                   Harihara Mahapatra                              ....Defendant
                                                            ----
                   Mr. Mahesh D. Tiwari for plaintiff.
                   None for defendant.
                                                            ----
                                                             CORAM : K.R.SHRIRAM, J.

DATED : 11th MARCH 2021

P.C. :

1 Mr. Tiwari to a query raised by the Court candidly agreed that

there is no written contract or any bill of exchange or hundi or promissory

note. Mr. Tiwari states that though plaintiff will be able to prove that

defendant has received the money from plaintiff which he has not repaid,

this suit would not technically fall in the classes of suits provided under

Order XXXVII Rule 1 (2) of the Code of Civil Procedure.

2 In the circumstances, defendant is granted leave to defend.

However, this would not preclude plaintiff from taking out an application

under Order XIII-A of the Code of Civil Procedure. I must hasten to add if

such an application is taken out, the Court will decide the same in

accordance with law and I have not expressed any views on the merits

thereof.

                   Gauri Gaekwad
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3               Summons for judgment accordingly stands disposed.




                                                  (K.R. SHRIRAM, J.)




Gauri Gaekwad