VINOD KUMAR SABOO Vs. SUDARSHAN VISHWANATH MALPANI

JUDGEMENT

(1.) The Appellant-Original Defendant has filed the Appeal and prayed to quash and set aside impugned Judgment/order dated 16 August 2005 passed by the learned Single Judge in Summons for Judgment No.1008 of 2003 in Summary Suit No. 2624 of 2003.

(2.) The Appellant and the Respondents formed and signed a partnership deed and purchased a membership card of NSEI Limited in the name of partnership firm i.e. "Money Mint".

(3.) During the year 1998-1999, disputes and differences arose between them. On 2 August 2000, they signed an arrangement. The claim and counter-claim made through the correspondences. On 1 August 2004, the Respondents filed the Suit for recovery/claim of Rs. 40 lakhs and has taken out Summons for Judgment. In the month of October 2004, the Appellant has taken out Notice of Motion No. 3021 of 2004 and raised the question of jurisdiction. On 22 December 2004, the Respondents filed reply in the Notice of Motion. On 18 June 2005, the Appellant filed his affidavit in reply of Summons for Judgment. On 16 August 2005, the learned Single Judge passed the impugned order and thereby directed to deposit full amount of Rs.40 lakhs. Being aggrieved, the Appellant has filed the present Appeal.