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1993 Supreme(SC) 95

B.P.JEEVAN REDDY, KULDIP SINGH, N.M.KASLIWAL
R. S. D. V. Finance Company Private LTD. – Appellant
Versus
Shree Vallabh Glass Works LTD. – Respondent


Advocates:
Dipa Dixit, F.L.BENARVALLA, HARISH N.SLAVE, K.J.JOHN, M.KARANJAVALA, P.MURLI KRISHNAN, RAJAN KARANJAWALA

JUDGMENT

KASLIWAL, J.:—Special leave granted.

2. This appeal is directed against the judgment of the Bombay High Court dated 24th October, 1991. Brief facts of the case are that the appellant R.S.D.V. Finance Company Private Limited (hereinafter referred to as the plaintiff) filed a summary suit against the respondent Sh. Vallabh Glass Works Limited (hereinafter referred to as the defendant) in the ordinary original civil jurisdiction of the High Court. The case of the plaintiff was that it had deposited a sum of Rupees 10,00,000/- with interest to be charged @ 19 per annum, with the defendant. The said deposit was to be for a period of 90 days. The aforesaid amount of Rupees 10,00,000/- was given to the defendant-company through Cheque No. 933251 dated 5th July, 1983 in the bank account of the defendant at Bombay. The defendant issued a deposit receipt for the aforesaid amount dated 11-7-1983. The aforesaid deposit receipt contained an endorsement to the effect Subject to Anand jurisdiction. The date of maturity of the aforesaid amount was to expire on 3-10-1983. According to the plaintiff the defendant failed to pay the amount of Rupees 10,00,000/- and requested the plaintiff to





































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