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2023 Supreme(Online)(Bom) 2180

HIGH COURT OF BOMBAY
KAMAL KHATA, J
India Realty Excellence Fund II LLP – Appellant
Versus
Gautam Jagdish Ahuja – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rohaan Cama, Ms. Saloni Shah
For the Respondents: None

JUDGMENT:

1. The present Suit is filed in its Commercial Division under Order XXXVII of the Code of Civil Procedure . The plaintiff seeks an order and decree against the defendants to jointly and severally pay to the plaintiff a sum of Rs 15,80,00,000/- along with IRR @ 20% per annum on Rs.15,80,00,000/- from 31st March 2018 till 31st July 2020, amounting to Rs. 24,19,35,000/- along with further IRR @ 20% per annum from 1st August 2020 till payment and a realization thereof.

2. The plaintiff further seeks an amount of Rs. 17,07,256/- as interest @ 2% per month on the amount of Rs. 22,58,50,000/- from 16th March 2020 till 31st July 2020 and further interest of 2% per month on the amount of Rs 22,58,50,000/- from 1st August 2020 till payment and a realization thereof. As per the particulars of claim. (Exhibit N to the Plaint).

Brief Facts

3. The plaintiff is a limited liability partnership and is registered with the Security and Exchange Board of India as category-II Alternative Investment Fund under the SEBI (Alternative Investment Funds) Regulations 2012. The Defendant nos.1 and 2 are promoters of Sai Ashray Developers Pvt. Ltd. (‘the Company’) and Gajanana Land & Developers Pvt. Ltd.

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