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2016 Supreme(Bom) 1746

S.C.DHARMADHIKARI, B.P.COLABAWALLA
In the matter of : Morpheus Media Ventures Private Limited – Appellant
Versus
Anthony Maharaj – Respondent


Advocates Appeared:
For the Appellant : Mr. Aspi Chinoy, Mr. Sushrut Desai, Mr. Ashish Kamath, Mr. Anil Jarial i/b M/s. Legal Associates, Mr. Vivek Kantawala, Mr. Amey Patil
For the Respondent: Mr. Rahul Narichania, Mr. Siddhanth Chhabria, Mr. Zoeb Cuttlerywala, Mr. Santosh Mishra i/b M/s. Kochar

JUDGMENT :

S.C. Dharmadhikari, J.

1. In this Appeal, the order dated 5th July, 2016, of the learned single Judge passed on the Summons for Judgment No. 60 of 2014 in Summary Suit No. 66 of 2013 is challenged by the original defendants.

2. The respondent No.1 is the original plaintiff.

3. The suit in question was filed by invoking Order XXXVII of the Code of Civil Procedure, 1908. The respondent-plaintiff urged that he is a resident of the islands of Trinidad & Tobago. The first defendant to the suit is a Private Limited Company incorporated under the Indian Companies Act, 1956, having its registered office at the address mentioned in the cause title. The original defendant Nos. 2 to 4 & 6 are the individuals & principal borrowers having their residence/respective office at the addresses mentioned in the cause title of the plaint. The original defendant No.5 is a company incorporated under the Indian Companies Act, 1956. The seventh defendant to the suit is a guarantor of the loan amount granted by the plaintiff to the defendant Nos. 1 to 6.

4. It is claimed that all the defendants are involved in the business of film production and distribution. A loan amount in the sum of US $ 5,00,000




















































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