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Bombay High CourtSS/259/2015disposed off

Rbs Services India Private Limited v. Krishna Developers Pvt. Ltd

2017-01-25Hon'Ble Shri Justice S.J. Kathawalla2 pages

ss 259 of 2015 (902).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.259 OF 2015 WITH SUMMONS FOR JUDGMENT NO.56 OF 2016 RBS Business Services Pvt. Ltd.

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Plaintiff versus Krishna Developers Pvt. Ltd.

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Defendant Mr. Nikhil Sakhardande i/by M/s. Khaitan and Co., for Plaintiff. Mr. Vishal Kanade with Mr. Sukhesh Shah, Mr. Sanjay Raikar, i/by M/s. Shah Legal, for Defendant.

CORAM: S.J. KATHAWALLA, J.

DATE: 25th JANUARY, 2017 (In Chambers) P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.1,07,00,000/- with 12% interest from the date of this order until payment and/or realization.

(ii)Decree shall be marked fully satisfied if the Defendant pays to the Plaintiff an amount of Rs.80,00,000/- as follows : Rs.20,00,000/- on or before 15-02-2017;

Rs.20,00,000/- on or before 15-03-2017;

ssp 1/2

ss 259 of 2015 (902).sxw Rs.20,00,000/- on or before 15-04-2017; and Rs.20,00,000/- on or before 15-05-2017;

2.

In the event of a single default on the part of the Defendant, the entire amount as set out in prayer clause (a) of the Suit, shall stand payable by the Defendant to the Plaintiff and the Plaintiff shall be at liberty to execute the decree. 3.

The above Summary Suit as well as Summons for Judgment are disposed of. Refund of Court Fees, if any, as per rules. ( S.J.KATHAWALLA, J. ) ssp 2/2