DINESH MEHTA Vs. SHANTILAL MEHTA

JUDGEMENT

(1.) THIS application has been taken out by the defendant praying that the leave granted under Cl. 12 Letters Patent be revoked, the plaint filed in the suit be taken off the record and the suit be dismissed.

(2.) THE case pleaded in the plaint is that the plaintiff is the director of various companies namely Rooprekha Sales Pvt. Ltd., Gunmala Sales Pvt. Ltd., Phalguni Goods Pvt. Ltd. and Fast Flow Dealcon Pvt. Ltd. all having their registered offices at 2, Raja, Woodmunt Street, 3rd Floor, Calcutta -700001. The defendant is the director of four companies namely, Navkar Buildestates Pvt. Ltd., Navkar Buildhome Pvt. Ltd., Navkar Infra Projects Pvt. Ltd. and Navkar Promoters Pvt. Ltd. all having their registered offices at 103 -104, Shubh Apartment, 99 -L, Bhopalpura, Udaipur, Rajasthan. Sometime in May, 2011 the defendant approached the plaintiff at 15 J.L. Nehru Road, 2nd Floor, Shop No. 423, Calcutta -700013, the then registered office of Phalguni Goods Pvt. Ltd. for financial assistance. An oral agreement was entered into by and between the parties at the aforesaid address within this Court's jurisdiction for advancing loan by the plaintiff to the defendant on the terms and conditions mentioned in paragraph 5 of the plaint. On 19th May, 2011 the plaintiff lent and advanced to the defendant a total sum of Rs. 1,35,00,000/ - by way of cash. In repayment of the said sum the defendant issued five several cheques all dated 31st May, 2011 in favour of the plaintiff aggregating Rs. 1,35,00,000/ -. The said cheques were delivered to the plaintiff's office at 15, JL Nehru Road, 2nd Floor, Shop No. 423, Calcutta -700013 within this Court's jurisdiction. Upon being presented for payment at the HDFC Bank, Stephen House Branch, Calcutta -70000, within this Court's jurisdiction, all the said cheques were dishonoured and returned with the endorsement 'insufficient funds'. In spite of being informed about dishonour of the said cheques, the defendant failed to issue fresh cheques in lieu thereof. The plaintiff has initiated proceedings against the defendant under the provisions of the Negotiable Instrument Act, 1881 in respect of the dishonoured cheques. The plaintiff, through his Advocate's letter dated 23rd October, 2011 called upon the defendant to repay the sum of Rs. 1,35,00,000/ - together with interest thereon but the defendant failed and neglected to do so. Accordingly, the plaintiff is entitled to a decree for the sum 1,49,17,500/ - and decree for interest pendente lite at the rate of 18 per cent per annum. Part of cause of action pleaded in paragraphs 5, 11, 12 and 13 of the plaint arose within this court's jurisdiction and those pleaded in paragraph 16 of the plaint arose outside the jurisdiction of this court. Further the defendant is liable to seek its creditor and make payment of the aforesaid amount to the plaintiff at its office within this court's jurisdiction.

(3.) THE present application was taken out by the defendant on or about 10th April, 2012.