Final Order 1

Order Details: Other
Pdf Text: :1: M.A. No.31/2019 in Summary Suit No.4528/2011
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO. 31 OF 2019
CNR NO.: MHCC010034622019
IN
SUMMARY SUIT NO. 4528 OF 2011
(HIGH COURT SUIT NO.2560 OF 2011)
Aura Print Solutions Private Limited ...Plaintiff
Versus
Digital Printing and Imaging Solutions & Ors. ...Defendants.
Appearances:
Advocate Mr. Mahajan for the plaintiff.
None for the defendants.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 14th NOVEMBER, 2019.
ORAL ORDER
This Miscellaneous Application is filed by plaintiff to direct
Registrar of the Hon'ble Court to hand over Rs.5,00,000/ deposited by
respondent No.4 as per the Order passed in Summons for Judgment
No.215/2012 to him.
2. It appears, the Registrar has given report that Rs.5,00,000/ are
deposited in the Court.
-- 1 of 3 --
:2: M.A. No.31/2019 in Summary Suit No.4528/2011
3. Further it appears that, as per Order dated 03.02.2018, exparte
decree has passed against defendant Nos. 1 to 4 having the Order as
follows:
1. Suit is decreed with costs.
2. Defendant Nos. 1 to 4 do jointly and severally pay Rs.5,00,000/
along with interest @ 18 per cent from the date of filing of suit
till realization of entire decreetal amount.
3. Defendant Nos. 1 to 4 do jointly and severally pay Rs.1,87,006/
towards unpaid invoices amount with interest @ 18 per cent per
annum from the date of filing of this suit till realization of entire
decreetal amount.
4. Defendant Nos. 1 to 4 do bear their own costs along with costs of
plaintiff.
5. Decree be drawn up accordingly.
6. The 2/3rd Court fee refund voucher, as per rule, be issued in
favour of plaintiff, if prayed.
Hence, it appears that defendant Nos. 1 to 4 are jointly directed
to pay Rs.5,00,000/ with interest to plaintiff. Hence, if Rs.5,00,000/
deposited in the Court by defendant No.4 and adjusted against decree,
it will not cause any harm to any party. Hence, following order:
ORDER
Miscellaneous Application No.31 of 2019 is allowed in terms of prayer
clause (a) and stands disposed of.
(SONALI P. AGARWAL)
Judge,
Date: 14.11.2019. City Civil Court,
Gr. Bombay.
Dictated on : 14.11.2019
Transcribed on : 14.11.2019
Signed on : 14.11.2019
-- 2 of 3 --
:3: M.A. No.31/2019 in Summary Suit No.4528/2011
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18.11.2019 At 01:34 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
14.11.2019
Judgment/Order signed by P.O. on 14.11.2019
Judgment/Order uploaded on 18.11.2019
-- 3 of 3 --