Nirma Limited vs M/S Sunderlal Bansidar Huf
2021 Latest Caselaw 15197 Guj

         C/SCA/14283/2021                              ORDER DATED: 27/09/2021



                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 14283 of 2021
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                                   NIRMA LIMITED
                                       Versus
                            M/S SUNDERLAL BANSIDAR HUF
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Appearance:
MR CHINMAY M GANDHI(3979) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                                  Date : 27/09/2021
                                   ORAL ORDER

Draft amendment is allowed.

Heard Mr. M.B. Gandhi, learned Senior Advocate with Mr.Chinmay M. Gandhi, learned Advocate for the petitioner.

It is submitted that granting leave to defend unconditionally by the Court is completely illegal and wrong. It is further submitted that four cheques were issued by the defendant which is not denied. However, the Court has not considered the said aspect while granting unconditional leave to defend. The Trial Court has not looked into the account properly and the amount which was claimed in the plaint was reflected in the account. It is further submitted that if some amount is not claimed and dropped that does not mean that the accounts are not in consonance with the claim. Learned Senior Advocate relies upon the judgments passed in Special Civil Application Nos.23320/2005, 19750/2007 and 18677/2007.

Issue Notice returnable on 25.10.2021.

(B.N. KARIA, J) Bharat