Case Note & Summary
The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in Comm. Suit No. 1067 of 2019. The Single Judge granted a decree on admission in favour of the original plaintiffs (respondent nos. 1 and 2) against the appellants and original defendant no. 3 for a sum of Rs. 4.25 Crores. The suit had been filed seeking a decree for a total sum of Rs. 22,66,86,579.52 with interest at 18% per annum. The claim comprised three parts: Claim No. 1 involved a principal amount of Rs. 4,37,24,008 paid by plaintiff no. 1 to the defendants, together with simple interest at 18% per annum from 18 February 2011 to 17 February 2019, amounting to Rs. 10,66,86,579.52; Claim No. 2 sought Rs. 5,00,00,000 for mental trauma allegedly caused when plaintiff no. 1 was threatened by the defendants' goons; and Claim No. 3 claimed Rs. 7,00,00,000 as hardship compensation because plaintiff no. 1 had to place his mother in an old age home while waiting for a duplex flat until her death. The appeal challenges the decree on admission granted for the part amount. The judgment excerpt does not record the final disposal of the appeal or the submissions made on behalf of the parties.
Issue of Consideration
Whether the decree on admission granted by the Single Judge was correct in law
Case Details
2024 LawText (BOM) (6) 143
COMMERCIAL APPEAL (L) NO. 16271 OF 2023 IN NOTICE OF MOTION NO. 2393 OF 2019 WITH INTERIM APPLICATION (L) NO. 16283 OF 2023
Mr. Chetan Kapadia, Sr. Adv. a/w Ms. Prachi Khandge, Ms. Swati Chheda i/b Ridhima Mangaonkar for Appellant / Applicant., Mr. Gauraj Shah a/w Mr. Shahzad Ansari, Mr. Manohar Shelar, Mr. Omar Khaiyam Shaikh forRespondent in COMAPL/16271/2023. Ms. Pooja Jhaveri i/b Katariya and Associates for R. No. 4 in COMAPL/18202/2023.
Siroya FM Constructions Pvt. Ltd. Ors.
Sunil Krishnan Anand Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against order granting decree on admission in a commercial suit for recovery of money with interest and damages.
Remedy Sought
The appellants seek to set aside the decree on admission for Rs.4.25 Crores granted by the Single Judge.
Filing Reason
The appellants are aggrieved by the decree on admission granted against them.
Previous Decisions
The learned Single Judge granted a decree on admission in Notice of Motion No.2393 of 2019 in Comm. Suit No.1067 of 2019 on 28 April 2023.
Issues
Whether the Single Judge erred in granting a decree on admission for Rs.4.25 Crores.
Judgment Excerpts
The present Appeal has been filed against the Order dated 28th April, 2023 passed by a learned Single Judge of this Court in Notice of Motion No.2393 of 2019 in Comm. Suit No.1067 of 2019, whereby, a decree on admission is granted in favour of Respondent Nos. 1 & 2 (Original Plaintiffs) against the Appellants and Original Defendant No.3 for a sum of Rs.4.25 Crores.
Procedural History
The suit (Comm. Suit No.1067 of 2019) was filed seeking a decree for Rs.22,66,86,579.52. A Notice of Motion (No.2393 of 2019) was taken out by the plaintiffs for a decree on admission. By order dated 28 April 2023, the learned Single Judge granted a decree on admission for Rs.4.25 Crores against the defendants. The present appeal is against that order.
