TMI Blog2019 (1) TMI 1912X X X X Extracts X X X X X X X X Extracts X X X X ..... intiff will be entitled to a decree on costs without interest in the amount of ₹ 5.20 lakhs - Drawn up decree expedited. - COMM SUMMARY SUIT NO. 714 OF 2018 - - - Dated:- 9-1-2019 - G.S. PATEL, J. ORDER 1. On 27th August 2018 AK Menon J disposed of the Summons for Judgment. He held that the defence was moonshine and that Defendant was not entitled to leave to defend except on condition of securing the Plaintif's claim. He made an order requiring the Defendant to deposit an amount of ₹ 1,21,71,243.00 within eight weeks. 2. No deposit has been made and there is a Non Deposit Certificate dated 20th December 2018 that is tendered and taken on file. 3. In view of this the Plaintif is entitled to a decree agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues, the amounts of which exceeded arrangements. 3. It is submitted by Dr. Chandrachud, learned counsel for the plaintiff that in email correspondence annexed atExhibit F-1 to F-4 the defendant company had not denied liability. The correspondence annexed reveals that there was some attempt on part of the defendant to contend that one of the directors who was responsible for the same was no longer with the company. On the other hand one of the directors of the respondent is seen to have agreed to make attempts to repay the amounts. 4. On behalf of the defendant an affidavit in reply has been filed in the summons for judgment. Affidavit of Mr. Varun Kakria, Manager who deposed with the authority of the board of directors of the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffidavit of documents within four weeks of filing written statement. (v) Discovery and inspection to be completed forthwith thereafter. (vi) List the suit for framing issues on 26th November, 2018. 5. The Learned Advocate for the Plaintif tenders the Evidence Affidavit today of Ravi Agarwal, the Vice President and Company Secretary of the Plaintif. He is present in Court. He confirms the correctness of what is stated in his Evidence Affidavit. He has also filed an Affidavit of Documents and Compilation of Original Documents. The documents of the Plaintif are taken on record and marked in evidence as Exhibit P1 . The originals are returned and authenticated copies in the compilation are retained on record. 6. The suit is accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
