SANJAY KHEMANI Vs. JHUNJHUNWALLA SYNTHETIC LTD.

JUDGEMENT

(1.) Only A.P.D.T. 4 of 2003 was argued and it was agreed by the parties that as identical questions are involved, the judgment in one appeal will cover all the other appeals. All the appeals are therefore governed by this judgment.

(2.) These appeals have been filed against the judgment of the learned Single Judge allowing an application under Chapter XIIIA of the Original Side Rules of this High Court. On such application being filed by the plaintiff/respondents, an Affidavit-in-Opposition was filed by the defendant/ appellant opposing the prayer for an order on that application. The learned trial Judge, after hearing the parties, by an order dated 25.02.2003 was, inter alia, pleased to hold as follows:

(3.) The material facts of the case are that the plaintiff/respondent a Company, incorporated under the Companies Act, 1956, in its application under Chapter XIIIA has, inter alia, pleaded that in or about Sept., 2000, the defendant/appellant approached it for a loan of Rs. 65,00,000.00 against security of shares and thereupon, it agreed to lend and advance the said sum to the defendant/appellant by cheques on certain terms. The particulars of the cheques are given in paragraph 4 of the said application.