I. N. Halkara H.U.F. Through Its ... vs Pradip Bastimal Chopra
2022 Latest Caselaw 5023 Bom

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                          SUMMARY SUIT NO.2 OF 2021
                    (UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)


                 I.N. Halkara HUF
                 through its karta
                 Indarmal N. Halkara                                        .. Plaintiff
                           v/s.
                 Pradip Bastimal Chopra                                     .. Defendant



                 Mr. Farhan Dubhash a/w Vishal Kanade, G.C.Mohanty and Paras Gosar
                 i/b. Jayesh R. Vyas for the plaintiff.

                 Mr. Chirag Mody a/w Yash Momaya, Shrikant Seegarla i/b. RMG Law
                 Associates for the defendant.


                                                            CORAM : A. K. MENON, J.

DATED : 6TH JUNE, 2022.

P.C. :

1. The suit is based on acknowledgment of liability of amounts due

to the plaintiff. Cheques issued by way of repayment of an

amount admittedly advanced to the defendant have also been

dishonoured. By an order dated 2 nd February, 2022, Summons

for Judgment no.64 of 2021 was disposed. The order granted

conditional leave to defend the suit subject to deposit of the sum Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.06.08

10:42:54 +0530

8.ss-2-21.doc wadhwa of Rs.4,36,00,000/- within eight weeks from 2 nd February, 2022.

That period expired on 30th March, 2022. No deposit has been

made.

2. Today when the matter is called, the learned counsel on behalf of

the defendant seeks adjournment on the ground that an appeal

has been filed. In my view, that alone is no reason to grant an

adjournment. This is a summary suit under Order XXXVII,

conditional leave was granted. The period for deposit expired in

March 2022, there was no application made for extension of time

to deposit the same and the liberty granted to the plaintiff by

virtue of the order dated 2nd February, 2022 is being exercised

today.

3. Mr. Dubash has tendered list of original documents. These

documents contained 35 items of which the most material ones

are to be found at item nos.5 to 11 being the promissory note

dated 28th January, 2013 and also confirmation of accounts for

the period 1st April, 2018 to 31st March, 2018 issued on 1 st April,

2018 and dishonoured cheques as detailed below;

31.03.2013 Original cheque bearing no.049998 issued by the defendant in favour of the plaintiff

27.07.2013 Original cheque bearing no.049999 issued by the defendant in favour of the plaintiff

8.ss-2-21.doc wadhwa 27.07.2013 Original cheque bearing no.049981 issued by the defendant in favour of the plaintiff

4. The dishonour memos are also annexed as part of the

compilation and so is the certificate of non-deposit as directed by

the Court on 2nd February, 2022. The Master & Assistant

Prothonotary (Judl.) has certified that the defendant has not

deposited the sum of Rs.4,36,00,000/-.

5. In my view, the plaintiff is therefore entitled to a decree. The

confirmation of account copy of which is at Exhibit 'R' is seen to

be issued on behalf of the plaintiffs and is duly confirmed by the

defendant on 1st April, 2018. Hence, interest on the sum of

Rs.4,36,00,000/- shall be computed at 18% p.a. only from 1 st

April, 2018 till payment of realization.

6. Accordingly, I pass the following order;

(i) Suit is decreed in terms of prayer clause (a) except with the

modification that the principal sum shall be Rs.4,36,00.000/-

along with interest @ 18% p.a. from 1 st April, 2018 till payment

or realization.

(ii) Defendant shall also pay costs of the suit.

(iii) Refund, if any, in accordance with Rules.

(iv) Suit is disposed in the above terms.

(A. K. MENON, J.)

8.ss-2-21.doc wadhwa