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1969 Supreme(Online)(Bom) 5

BOMBAY HIGH COURT
Mr. Mody, J
Indian Express Newspapers (Bombay) Ltd. v. Basumati Private Ltd.


Advocates:
For the Appellants/Petitioners: Mr. Diwan
For the Respondents: Mr. Nariman

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4)
2. arguments presented by both parties (Para 5 , 7 , 8 , 10)
3. court's analysis and observations on arguments (Para 6 , 9 , 11 , 12)
4. ratio decidendi regarding stay of suit (Para 13 , 16 , 17)
5. conclusion and outcome of the appeal (Para 18 , 19 , 22)

1. This is the plaintiff's appeal from the order dated March 30, 1966, passed by Mr. Justice Mody on the defendants' Notice of Motion dated February 11, 1966, whereby the Summary Suit No. 4 of 1966 was stayed pending the hearing and final disposal of the defendants' Suit No. 2270 of 1965 in the High Court at Calcutta with liberty to the plaintiffs to proceed with their above suit in so far as it concerned the plaintiffs' two claims of Rs. 5,000/- and Rs. 582/-. The costs of the Notice of Motion were made costs in the cause.

2. The relevant facts are as follows :

3. In March 1963 the plaintiffs sold and the defendants purchased from the plaintiffs Hoe Rotary Printing Machine for the price of Rs. 2,50,000. Originally, the defendants had executed in favour of the plaintiffs' Bankers a demand promissory note thereunder promising to pay the said price along with interest a


































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