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2018 Supreme(Bom) 793

NARESH H.PATIL, G.S.KULKARNI
Mour Marbles Industries Pvt. Ltd. – Appellant
Versus
Motilal Laxmichand Salecha HUF, Proprietor of M/s. Mala Investments – Respondent


Advocates Appeared:
For the Appellants : Mr. Rohan Cama, Mr. Girish B. Kedia.
For the Respondents: Mr. Pradeep Thorat, Mr. Anil R. Mishra.

JUDGMENT :

G.S. KULKARNI, J.

1. This is an appeal of the appellant/defendant, against an order dated 18 April 2018 passed by the learned Single Judge on a summons for judgment taken out by the respondents/ plaintiffs, in a Commercial Summary Suit, instituted on a bill of exchange that is dishonour of a cheque. By the impugned order a conditional leave, to defend the suit has been granted in terms of the following order:

“8. In the premises, the following order is passed:

(i) Defendant no. 1 is granted leave to defend the suit on and subject to the condition of deposit in this court of a sum of Rs. 1,86,78,313/- within a period of eight weeks from today.

(ii) The amount, if any, deposited by the Defendants may be invested by the Prothonotary and Senior Master of this court in Fixed Deposits of Nationalised Banks initially for a period of thirteen months and renewable thereafter from time to time and to abide by further orders that may be passed in the suit herein.”

2. The case of the respondents/plaintiffs as made out in the plaint is that money was advanced to the appellant/defendant. For repayment of the amounts so advanced a cheque for Rs. 1,86,78,313/- was issued by the appellant/defe
















































































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