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2021 Supreme(Bom) 191

B.P.COLABAWALLA
Ganga Taro Vazirani – Appellant
Versus
Deepak Raheja – Respondent


Advocates Appeared:
For the Plaintiff :Zal Andhyarujina Sr. counsel a/w Ishani Khanwilkar a/w Ativ Patel a/w Darshit Dave i/b AVP Partners, Advocates
For the Defendant:Arif Bookwala Sr. counsel a/w Jyoti B. Singh, Sakil Ansari i/b The Law Office of Jyoti B. Singh, Advocates

JUDGMENT :

1. This Summons for Judgment seeks a decree against the defendant in the sum of Rs.5,54,00,000/- along with an amount of Rs.1,49,75,342.47 towards interest calculated on the amount of Rs.5,00,00,000/- @ 12% per annum from 1st January, 2017 to 30th June, 2019 (aggregating to Rs.7,03,75,342.47) and further interest @ 12% p.a. on the amount of Rs.5,00,00,000/- from the date of filing of the suit till payment and/or realization.

2. The above suit has been filed as a Commercial Summary Suit under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 (for short “the CPC”) seeking a decree of the amounts mentioned above. The suit is based on two dishonoured cheques, one for Rs.5,00,00,000/- and the other for Rs.54,00,000/-. These two cheques were given by the defendant to the plaintiff. Both the aforesaid cheques were dishonoured when presented for payment, hence the present suit.

3. To understand in what circumstances these two cheques were issued by the defendant to the plaintiff, it would be necessary to refer to the facts and which are undisputed. In 2011, pursuant to the defendant’s request for financial assistance, the plaintiff agreed to disburse a sum of Rs.

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