SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 3369

AMIT BANSAL
J. H. Jewelers – Appellant
Versus
Umed Chindaliya – Respondent


Advocates appeared:
Mr.Manav Gupta, Mr. Sahil Garg, Mr.Abhinav Jain and Ms.Samiksha Jain, Advocates, for the Plaintiff.
Mr. Siddharth Yadav, Advocate, for the Defendant No.1 & 2.
Mr. Ravinder Sethi, Senior Advocate with Mr. Ateev Mathur, Mr.Rajnish Gaur, Mr.Tushar Sahu, Ms. Divya Rana and Mr.Puneet Sharma Advocates, for the Defendant-4/Kotak Mahindra Bank.

Table of Content
1. plaintiff's claim for recovery of funds. (Para 1 , 2 , 3)
2. court observes non-joinder of parties relevant. (Para 4 , 12 , 13 , 14 , 17)
3. defendants contest claims on procedural grounds. (Para 5 , 6 , 7)
4. bank's liability limited by compliance with banking norms. (Para 24 , 27 , 36 , 58)
5. grant of injunction and recovery decree. (Para 69 , 75 , 76)

JUDGMENT

Amit Bansal, J. The present suit has been filed seeking recovery of Rs.10,17,42,213/along with pendente lite and future interest and a decree of permanent injunction restraining the defendants from interfering with the properties purchased from the money misappropriated from the plaintiff.

2. In the plaint, it has been pleaded that:

2.1. The plaintiff is a partnership firm duly registered with the Registrar of Firms.

2.2. The plaintiff is engaged in the business of manufacturing and selling precious metal jewellery. The plaintiff has been in this business since 1996.

2.3. The defendant no.1 joined the plaintiff company in the year 2011 as an accountant. During his tenure, the defendant no.1 gained the trust of his employers. The defendant no.1 was solely and exclusively responsible for depositing the cheques

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top