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2021 Supreme(Online)(Bom) 1158

BOMBAY HIGH COURT
Dama Seshadri Naidu, J.
Bharat Huddanna Shetty v. Ahuja Properties and Developers


Advocates:
For the Appellants/Petitioners: Gauraj Shah
For the Respondents: Mikhail Behl

Table of Content
1. suit involves a personal loan, not a commercial transaction. (Para 1 , 6)
2. court clarifies the classification criteria for commercial disputes. (Para 4 , 8 , 18)
3. final ruling classifies suit as summary suit. (Para 20 , 21)

1. The plaintiff is a businessman. The 1st defendant is a partnership firm; the 2nd and 3rd defendants are its partners. And the 2nd defendant is said to be the plaintiffs friend. Therefore, acting beyond the call of his business, the plaintiff has given “a friendly loan” to the defendants. The defendants executed a promissory note and issued cheques as well. But the cheques were dishonoured. So, the plaintiff has sued the defendants for recovery.

2. On the last occasion, the defendants pointed out that the suit must be treated as a Summary Suit rather than a Commercial Summary Suit, going by the plaint allegations. In that context, the plaintiffs counsel did not join the issue; instead, he requested the Court treat this Suit as a Summary Suit simpliciter. Then, through an order dt.5.7.2021, I required the Registry to re - number the Suit as Summary Suit.

3. Now, the Registry has brought to my notice the Minutes of the Meeting held on 31.3.2016

























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