Nms/2544/2004 Of Nilima Rajiv Bhansali v. Bombay Processors Aand Income-Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2544 OF 2004 NOTICE OF MOTION NO.2544 OF 2004 IN SUMMARY SUIT NO.1942 OF 1999 Nilima Rajiv Bhansali ... Plaintiff V/s. Bombay Processors ... Defendant And Income Tax Officer ... Respondent Mr.Bharat Vaishnawa for Plaintiff Mr.R.Dhanuka for Defendant i/b A.R. Dhanuka for Defendant CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE,J. JUNE 13, 2006 DATED: JUNE 13, 2006 P.C.: P.C.: . This Motion has been taken out by the Plaintiff claiming that an amount Rs.4,52,000/- should be deposited in this Court by the Defendant. According to the Plaintiff, the Defendant owes this amount to the plaintiff. The learned Advocate for the Plaintiff points out that in the affidavit which has been filed in reply to the Motion pursuant to the order of this Court, admittedly, an amount of Rs.4,28,772.89 and Rs.16,712/- is payable to the plaintiff. 2. The learned Advocate for the Defendant contends that there is an inconsistency in the plaintiff’s contention that the amount is due and payable by the Defendant. According to him, in Suit No.688 of 2001 the : 2 : plaintiff has claimed that the Defendant firm is part of her deceased father’s estate and that she is entitled to 1/5th share. Therefore, no relief can be granted in the Motion. He contends that by order dated 23.4.2001, the Defendant has been permitted to contest the suit unconditionally. Therefore, no orders can be passed. 3. Although in the present case, leave has been granted to the Defendant to contest the suit unconditionally, the interest of plaintiff can be protected when admittedly part of the amount claimed by the Plaintiff is reflected in balancesheets of the defendants. In my view, there is no inconsistency in the plaintiff’s case in the present suit. She is claiming an amount which has been loaned by her to the defendant firm. In the above suit, that is, Suit No.688 of 2001, she has claimed 1/5th share in her father’s property, one of the properties being the assets of the defendant firm. 5. In the circumstances, the defendant shall deposit the amount of Rs.4,52,000/- in this Court within eight weeks from today. 6. Motion is disposed of accordingly.