Manoj Brijlal Kappor vs Khandelwal Laboratories Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
Anuja Prabhudessai, J
Manoj Brijlal Kappor – Appellant
Versus
Khandelwal Laboratories Pvt. Ltd. – Respondent

Advocates:
For the Appellants/Petitioners: Ms Sonal Kapoor, Ms Rosy Kapoor, Mr. R.P. Shirole
For the Respondents: Mr. Kunal Dwarkadas, Mr. Vaibhav Bajpai, Mr. Swapan Samdani

Table of Content
1. claim regarding misappropriation of funds by the defendant is central. (Para 2 , 3)
2. background on the defendants' contesting of the suit and related fir. (Para 4 , 5 , 6)
3. late application for additional evidence was denied due to lack of justification. (Para 10 , 11 , 12 , 13)

1.Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the petition is heard fnally.

2. The Petitioner-Defendant No.5 has challenged order dated 26/04/2018 whereby learned Judge, City Civil Court, Greater Bombay, has declined leave to adduce additional evidence. In Civil Suit No.7468 of 1983.

3. The brief facts necessary to decide this petition are as under:-

The Respondent No.1 -Plaintif (hereinafter referred to as ‘Plaintiff’

instituted a suit for recovery of money and possession of immovable and movable properties more specifcally described in the plaint. The case of the Plaintif -Company is that it had employed Rakesh Kapoor (Defendant No.1’ brother of the Defendant No.5, as a Chief Accounts OfÏcer. The Plaintif alleged that from May-1982 to October-1982 the Defendant No.1 defalcated and misappropriated an amount of Rs.47,01,135/- from Plaintif-Compa

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BOMBAY HIGH COURTAnuja Prabhudessai, JManoj Brijlal Kappor – AppellantVersusKhandelwal Laboratories Pvt. Ltd. – Respondent

BOMBAY HIGH COURT
Anuja Prabhudessai, J
Manoj Brijlal Kappor – Appellant
Versus
Khandelwal Laboratories Pvt. Ltd. – Respondent