Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.442 of 2018
CNR No.MHCC010017812018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.442 OF 2018
IN
S.C.SUIT NO.2613 OF 2017
Shri Hari Earthmovers Pvt. Ltd. .. Plaintiff
Versus
Authograph Cars (I) Pvt. Ltd. And Ors. .. Defendants
Ld. Advocate Pawan Pandey for plaintiff.
Ld. Advocate S.B.Rao for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 03.09.2018
: ORDER :
This Notice of Motion is taken out by plaintiff for withdrawing
the principal amount of Rs. 5,19,040/ deposited by defendant before
the Hon'ble High Court.
2. Plaintiff submitted that they are paid this amount to the
defendant for purchasing of Scoda car. They did not receive the car.
They are taken loan from HDFC bank. Defendant made excuse for non
delivery of the car. They agreed to refund the amount. One lac amount
received as a booking amount and also further EMI's paid by the
plaintiff. Four cheques were issued by the defendant. One of them
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: 2 : Notice of Motion No.442 of 2018
dishonoured. Thereafter, defendant assured to settle the matter and
gave three cheques of Rs. 50,000/ each. But they were dishonoured
and plaintiff forged to adopt the proceeding u/s. 138 of NI Act.
Thereafter they filed Company Petition before the Hon'ble High Court
for declaring the company of the defendant in solvent. The delivery was
opposed by the defendant. The matter was relegated and plaintiff was
directed to adopt remedy to recover the amount. Further, also directed
to deposit the amount of Rs. 5,19,040/. The amount was deposited by
the defendant and now plaintiff had prayed for withdrawal of this
amount.
3. Defendant appeared and opposed the contention of the
plaintiff. They submitted that there is no cause of action and suit is
barred by limitation. It was submitted that the amount was deposited as
per the direction of the Hon'ble High Court to show that the defendant
is not insolvent. They had not admitted the claim of plaintiff. They also
prayed to refund the amount to them.
4. Heard both the parties. Perused the material on record.
5. Upon considering the hearing it is apparent that the amount
was deposited before the Hon'ble High Court when the plaintiff filed the
petition to declare the defendant company insolvent. Upon hearing both
the counsels it would be appropriate that the amount remains invested
in the court. After the decision of the suit the amount can be disposed of
accordingly. Thus, I pass the following order.
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: 3 : Notice of Motion No.442 of 2018
: ORDER :
1. Notice of Motion No.442 of 2018 is rejected.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 03.09.2018 Gr. Mumbai
Dictated on : 03.09.2018
Transcribed on : 03.09.2018
Signed on : 03.09.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 04.09.2018 at 11.52 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
03.09.2018
JUDGMENT/ORDER signed by P.O. on 03.09.2018
JUDGMENT/ORDER uploaded on 04.09.2018
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