Bombay High Court
Sunder Nagar Siddesh Co-Operative ... vs A.A. Estate Pvt Ltd And 3 Ors on 27 November, 2018
Author: K.R.Shriram
Bench: K.R.Shriram
1/3 25.NMCD503.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION NO.503 OF 2017
IN
COMMERCIAL SUIT NO.597 OF 2017
Sunder Nagar Siddesh Co-operative )
Housing Society Ltd. )....Plaintiff
V/s.
A.A.Estate Pvt. Ltd. & ors. )....Defendants
ALONGWITH
NOTICE OF MOTION NO.166 OF 2017
IN
SUIT NO.215 OF 2017
WITH
NOTICE OF MOTION NO.167 OF 2017
IN
SUIT NO.216 OF 2017
WITH
NOTICE OF MOTION NO.306 OF 2017
IN
SUIT NO.286 OF 2017
----
Mr.Tushar Gujjar I/by Solicis Lex for plaintiff. Ms.Neha Joshi I/by Vidhi Partners for defendant no.1. Ms.Jaya Bagwe I/by Sharmila Deshmukh I/by Vidhi Partners for defendant no.2-(SRA).
Mr.D.S.Singade for MCGM.
----
CORAM : K.R.SHRIRAM,J DATE : 27.11.2018 P.C.:-
NOTICE OF MOTION NO.503 OF 2017
1. Mr.Gujjar for plaintiff states that the cheque dated 18.11.2018 that was given, as recorded in the order dated 5.10.2018, KJ ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 09:15:39 ::: 2/3 25.NMCD503.17.doc for Rs.65,26,649/- has been dishonoured. Ms.Joshi for defendant no.1 is totally at a loss and does not even seem to have asked her client as to what answer they should give to the Court for the dishonour of cheque. This is, taking the Court for granted and this Court views it as deliberate and willful breach of undertaking given by defendant no.1 to this Court. I have to also note that consent minutes of order was entered into in the contempt Notice of Motion which was taken out by plaintiff in Suit No.597 of 2017. I am inclined to initiate contempt proceedings against defendant no.1 and all its directors but I shall still grant an opportunity to make this payment by 1.12.2018. If this amount is not paid, all the directors of the company irrespective of age and sex shall remain present in court on 4.12.2018, failing which the Court may pass such order as required to ensure their presence.
2. Stand over to 4.12.2018.
NOTICE OF MOTION NO.166 OF 2017 NOTICE OF MOTION NO.167 OF 2017 NOTICE OF MOTION NO.306 OF 2017
1. Counsel for plaintiff states that defendant is yet to execute the agreement and get the same registered. Counsel states that the agreement that has been sent to plaintiff is at variance with the statement given by defendant no.1 to this Court. Ms.Joshi again is at a loss to explain or go on with the matter. Ms.Joshi states that she has KJ ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 09:15:39 ::: 3/3 25.NMCD503.17.doc no instructions. Hence these Notices of Motions cannot be proceeded with.
For today's adjournment, defendant no.1 shall pay Rs.50,000/- as costs to each of the plaintiff in each of the 3 suits and this amount shall be paid before the next date.
2. Stand over to 4.12.2018. If these costs are not paid, the defence of defendant no.1 may be struck off.
(K.R.SHRIRAM,J) KJ ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 09:15:39 :::