2019 (1) TMI 1912
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....not entitled to leave to defend except on condition of securing the Plaintif's claim. He made an order requiring the Defendant to deposit an amount of Rs. 1,21,71,243.00 within eight weeks. 2. No deposit has been made and there is a Non Deposit Certificate dated 20th December 2018 that is tendered and taken on file. 3. In view of this the Plaintif is entitled to a decree against the Defendan....
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.... 14th May, 2018. A sum of Rs. 50,00,000/- was transferred through RTGS on 22nd March, 2017 and a further sum of Rs. 50,00,000/- was transferred on 31st May, 2017. Against transfer of these amounts by RTGS the 1 of 3 53SJ732018 defendant issued two post dated cheques both dated 14th May, 2018. Copies of the cheques are annexed at Exhibit "B" and "D" to the plaint. It is further stated that the defe....
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....alf of the defendant an affidavit in reply has been filed in the summons for judgment. Affidavit of Mr. Varun Kakria, Manager who deposed with the authority of the board of directors of the respondent company has admitted receipt of the monies and the issuance of the cheques. But according to the deponent the cheques were undated and were to be deposited only after a period of 30 months from the d....
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....) Defendant shall deposit in Court a sum of Rs. 1,21,71,243/- within a period of eight weeks from today. (ii) If such deposit is made, defendant will be entitled to file a written statement within the aforesaid period of 8 weeks. (iii) If the amount is deposited, the same shall be invested in a fixed deposit of a Nationalised Bank for one year and one day and shall be renewed from time to time....