Rajesh Ramanlal Shah v. Pradeep Shah And 2 ORS.

48.sj.36.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 36 OF 2015 IN SUMMARY SUIT NO. 264 OF 2015 Rajesh Ramanlal Shah ...Plaintiff vs Pradeep Shah & Anr ...Defendants .....

Mr Simi Purohit a/w Sharmili Mhatre i/b Rohit Shetty for the Plaintiff Ms Sunanda Kumbhat for Defendant No.1 in SS 322 of 2015 and for Defendant Nos.1 and 2 in SS No. 264 of 2015.

Ms Shama Mulla for Defendant No.2 in SS No.322 of 2015 and for Defendant No.3 in SS No.264 of 2015.

.....

CORAM : S.C. GUPTE, J.

JANUARY 27, 2016 P.C. :

The Summary Suit is based on dishonoured cheques. The consideration for these cheques is stated to be a loan of Rs.2.5 Crores given by the Plaintiff to Defendant No.3 at the instance of Defendant No.1. It is the Plaintiff's case that this loan was given in February 2012; that in May 2012 Defendant No.1 executed Department Promissory Note and in June 2012 gave six cheques aggregating to Rs.2 Crores to the Plaintiff, towards repayment of this loan. The cheques were dishonoured when presented for payment, whereupon statutory notice was issued under Section 138 of the Negotiable Instruments Act, 1881 and a criminal case was filed. This case is pending before the Metropolitan Magistrate's Court at Girgaon in Mumbai. The Summary Suit seeks recovery of this amount.

In their reply, Defendant Nos.1 and 2 on the one hand and Defendant No.3 on the other denied this loan. Defendant Nos.1 and 2 in their Pg 1 of 2

48.sj.36.2015.doc reply state that these cheques were given to the Plaintiff in 2010, since the Plaintiff and Defendant Nos.1 and 2 were close relatives, because of the Plaintiff's financial needs. Defendant Nos.1 and 2 have produced a bank statement in support of their case that the cheques were indeed issued in 2010. Defendant No.3, on his part, claims that the Plaintiff and Defendant No.1 were indulging in share trading in respect of Varun Industries, promoted by one Shri Gopal Agrawal, by using the account of Defendant No.3. It is submitted that there was a net loss of Rs.2.5 Crores on account of this transaction and that the amount of Rs.2.5 Crores paid into the account of Defendant No.3 was to recoup this loss. These pleadings do give rise to several triable issues, on which evidence needs to be led at the trial. The Defendants deserve, in the premises, an unconditional leave to defend.

Accordingly, the Defendants are granted leave to defend the suit unconditionally. The written statement to be filed within a period of six weeks from today. Place the suit for directions after six weeks. ( S.C.GUPTE J. ) Pg 2 of 2