AJAY S. KATHURIA vs JAYESH KUMAR AND COMPANY

Judgment text excerpt

11-COMAO (ST) NO. 35389 OF 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER (ST) NO. 35389 OF 2023 IN NOTICE OF MOTION NO. 1823 OF 2023 IN COMMERCIAL SUIT NO. 137 OF 2022 Ajay S. Kathuria Age: 45 years, Occ.- Business Proprietor of Salt Clothing Co. Having his office at Unit No. 1, Laxmi Nagar Damu Nagar, Last Bus Stop, Akruli Road, Kandivili (East), Mumbai – 400101. ...Appellant Versus Jayesh Kumar & Co. Having its office at 6, Happy House, Govindji Keni Road, Hindmata, Dadar, Mumbai – 400014. …Respondent _______________________ Adv. Kapil Shah i/b M.K. Juris Associates, for the Appellant _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. JUDGMENT RESERVED ON : 16 JANUARY 2025 JUDGMENT PRONOUNCED ON : 19 MARCH 2025 _______________________ JUDGMENT (Per Advait M. Sethna, J.) : 1. This commercial appeal is filed against the final judgment/order dated 4 September 2023 passed in Notice of Motion no. 1823 of 2023, in commercial suit No. 137 of 2022, by the District Judge, City Civil Court, Mayur Adane, PA Page 1 of 10 11-COMAO (ST) NO. 35389 OF 2023.doc Mumbai (“Impugned Order” for short). Considering that a short issue is involved the appeal is taken up final disposal at the stage of admission. It appears from the record that the respondent (plaintiff) has not entered apperance as also observed by us in our order dated 16 January 2025. 2. The respondent (plaintiff) filed the commercial suit no. 137 of 2022 on 17 January 2022, before the City Civil Court, Mumbai with the following substantive prayer :- “a. That the Defendants be decreed and ordered to pay to the Plaintiffs the sum of Rs. 11,77,464/- along with the interest on Rs. 11,77,464/- at 18% per annum or such other rate that may be awarded