Silver Fabrics Pvt Ltd v. Rajender Brijlal Khanna And Mr. Harish Sandeep Khanna (Applicant) ORS

NMS.853/2014-S.4241/2000(10) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 853 OF 2014 IN SUIT NO. 4241 OF 2000 Harish Sandeep Khanna ...Applicant/Orig. Defendant No.6 In the matter between:

Silver Fabricks Pvt. Ltd., ...Plaintiff Vs.

Rajendra Brijlal Khanna & Ors.

...Defendants Mr. S.S. Kolge for Defendant No.6 CORAM : MRS. ROSHAN DALVI, J.

DATED :28TH JANUARY, 2015 P.C. :

1.

This notice of motion is taken out by defendant No.6 who was the minor at the time of the filing of the suit and who has attained majority. Defendant No.6 has produced his birth certificate. The suit was settled under consent terms. Defendant Nos. 1 to 6 received part consideration which was until then not paid under the consent terms. The share of defendant No.6 who was the minor is stated to have come to Rs.1,93,000/-. Defendant No.3 who is his father has deposited the said amount towards that share.

NMS.853/2014-S.4241/2000(10) 2.

Upon attaining majority defendant No.6 is entitled to be paid over that share along with all accrued interest thereon. Consequently this notice of motion has been taken out. The notice of motion is made absolute in terms of prayer (a). 3.

Prothonotary and Senior Master of this Court shall handover the amount of Rs.1,93,000/- deposited by defendant No.3 under Ledger Folio No. 518/258 with all accrued interest thereon. 4.

The notice of motion is disposed off accordingly. (ROSHAN DALVI, J.)