Kantilal Babulal Oswal v. Sanket Creations

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 744 OF 2024 rrpillai Kantilal Babulal Oswal and Another ...

Appellants Vs.

Sanket Creations ...

Respondent Mr. Vishal Thaker a/w. Ms. Anjali Trivedi i/b. M/s. V. Thakers for the Appellants.

CORAM : GAURI GODSE, J.

DATE :

16th DECEMBER 2024 ORDER :

1.

This second appeal was heard by me on 2nd December 2024 and adjourned for today. The soft copy shared on the drive today is a new file. Hence, the soft copy from the folder of 2nd December 2024 is perused.

2.

Heard learned counsel for the appellants. The second appeal is admitted on the following substantial questions of law : (i) Whether the findings recorded by both the courts on territorial jurisdiction of the Civil Court at Kolhapur would be sustainable in the absence of any evidence to show that any part of cause of action had arisen at Kolhapur ? (ii) Whether the office of the plaintiff situated at Kolhapur would confer any jurisdiction on the Civil Court at Kolhapur on by RAJESHWARI RAMESH PILLAI Date:

2024.12.18 10:44:34 +0200 RAJESHWARI RAMESH PILLAI 1/3

the ground that some of the payments were made at Kolhapur in as much as it is admitted by plaintiff that even the plaintiff's bank account is at Chiplun ?

(iii) Whether the findings recorded by both the courts on territorial jurisdiction at Kolhapur would amount to incorrect appreciation of the pleadings and evidence on record ? 3.

Learned counsel for the appellants submits that the appellants would deposit the principal amount as per the decree within four weeks in this court.

4.

Appellants are permitted to deposit the amount of Rs.7,40,886/- in this court within four weeks from today. 5.

In addition to court notice, learned Advocate for the appellants to serve the respondents by private service and file service affidavit. 6.

Call for record and proceedings.

7.

Printing is dispensed with.

6.

Learned Advocate for the appellants shall file private paper book within one year from today.

8.

A copy of this order to be forwarded to the learned Registrar (Judicial I) and learned Registrar (CPC) for information. 2/3

9.

Learned counsel for the appellants is at liberty to file an application for stay within four weeks from today. [GAURI GODSE, J.] 3/3