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2016 Supreme(Bom) 840

S.J.KATHAWALLA
Ajay Kumar M. Singh – Appellant
Versus
Basant Bhoruka – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Pratap Patil and Mr. Amol Wagh.
For the Defendant : Mr. Rajneesh Agarwal, Ms. Pooja Thorat and Mr. V.M. Thorat.

JUDGMENT :

S.J. KATHAWALLA, J.

1. The above Suit was originally filed by one Mr. J.P. Karwa against the Defendant- Basant Bhoruka for the following reliefs:-

"(a) That the Defendant be ordered and decreed to pay a sum of Rs. 1,41,55,000/- (Rupees One Crore Fortyone Lacs Fifty five Thousand only) as per particulars of claim at Exhibit Y along with further interest at the rate of 24 per cent per annum on the principal amount of Rs. 96,00,000/- from the date of filing of the suit till realisation in full.

(a1) that it be declared that, payment of the amounts mentioned in prayer (a) above duly secured by a valid and subsisting charge of the immovable property described in Exhibit W1 hereto and the Plaintiff is entitled to enforce the said security towards the realisation of the said dues."

2. The original Plaintiff-J.P. Karwa (who later assigned his rights in favour of the present Plaintiff-Ajay Kumar M. Singh) has in the Plaint stated/submitted as follows:-

2.1 That the Plaintiff was a freelance liaison consultant with various Government authorities and body corporates for arranging fin















































































































































































































































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