SONIA PASRICHA Vs. ROHIT DUGGAL

JUDGEMENT

(1.) This petition challenges an order dated 04.08.2018 passed in a summary suit under Order XXXVII CPC viz. CS No.150/2018 where the learned Trial Court while granting leave to defend to the petitioner has directed the petitioner to deposit 50% of the suit amount as a condition precedent for grant of such leave.

(2.) The petitioner has duly complied with the deposit condition as directed. During the course of arguments the learned counsel for the petitioner has alleged the averments made in the plaint are highly improbable since the respondent was never the chartered accountant of the petitioner herein and in fact the chartered accountants of petitioner was a partnership firm viz. M/s.Moitra Duggal and Associates, of which the respondent was one of its partners. It is the case of the petitioner that the cheque in question was never issued to the respondent qua any alleged professional fee and even otherwise, a chartered accountant could never have raised a bill of such an astronomical amount of Rs. 76.00 Lac qua any alleged professional fee for preparing or settling some alleged title documents.

(3.) The learned counsel for the petitioner has referred to the bill dated 18.03.2015 wherein the respondent has allegedly charged his professional fees for complete turnkey solutions for two properties viz a) Mashobra Khasras No. 247, 248, 249 & 251 Mauja Sharai, Shimla, Himachal Pradesh; and b) Flat 1412 A, Building 14, DLF City DLF Beverley Park II, Phase-II, Gurgaon - 122 022. It is mentioned in the bill itself the assignment includes rectification of title documents, regularization of the title deeds and revenue records, identification of the potential buyers and execution of the transfer documents and Rs. 4.00 Lac for out of pocket expenses including traveling, boarding and lodging and secretarial services for both the above properties.