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  • Piyushcb 1 Week 1

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    Diksha Raj
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    The case brief summarizes a civil appeal in the High Court of Gujarat regarding a loan default. Specifically: - The appellant, a resident of Visnagar, appealed a lower court judgment in a case where the opponent partnership firm claimed the appellant had guaranteed a loan to Respondent 2 that was not repaid. - The key issue was whether the lower courts erred in not granting the appellant unconditional or conditional leave to defend, as the appellant claimed he did not sign the deed of guarantee. - The High Court judge granted relief to the appellant on the condition that the entire decreetal amount with interest be deposited within 6 weeks, allowing the appellant to defend the claim that he did not sign the guarantee.

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    The case brief summarizes a civil appeal in the High Court of Gujarat regarding a loan default. Specifically: - The appellant, a resident of Visnagar, appealed a lower court judgment in a case where the opponent partnership firm claimed the appellant had guaranteed a loan to Respondent 2 that was not repaid. - The key issue was whether the lower courts erred in not granting the appellant unconditional or conditional leave to defend, as the appellant claimed he did not sign the deed of guarantee. - The High Court judge granted relief to the appellant on the condition that the entire decreetal amount with interest be deposited within 6 weeks, allowing the appellant to defend the claim that he did not sign the guarantee.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    6 views1 page

    Piyushcb 1 Week 1

    Uploaded by

    Diksha Raj
    The case brief summarizes a civil appeal in the High Court of Gujarat regarding a loan default. Specifically: - The appellant, a resident of Visnagar, appealed a lower court judgment in a case where the opponent partnership firm claimed the appellant had guaranteed a loan to Respondent 2 that was not repaid. - The key issue was whether the lower courts erred in not granting the appellant unconditional or conditional leave to defend, as the appellant claimed he did not sign the deed of guarantee. - The High Court judge granted relief to the appellant on the condition that the entire decreetal amount with interest be deposited within 6 weeks, allowing the appellant to defend the claim that he did not sign the guarantee.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CASE BRIEF

    CASE NAME AND CASE LAW:


    Dineshkumar Madhavlal Patel vs M/S Ami Corporation;(Civil
    Appeal no. 190 of 2018);[Section 100 of Code of Civil
    Procedure,1908]
    FACTS:

    The second appeal under section 100 of the CPC was filled at
    the instance of the original defendant no.2 ,and is against the
    judgment and order dated 11th december,2017 passed by the
    Principal District judge,Mehsana in the Regular Civil Appeal no.
    90 of 2005.The appellant is the resident of Visnagar .The
    opponent no.1 is the partnership firm which is based at
    Visnagar.The Respondent no.2 used to live at Visnagar,had
    borrowed the amount from respondent no.1,which was not paid
    by the respondent no.1.
    ISSUE:
    Whether the courts below erred in not granting unconditional
    leave or conditional leave to defend to the appelant, more
    particularly, when the appellant has pleaded that he has not
    signed the deed of guarantee?
    JUDGEMENT:
    The hon’ble High Court of Gujrat in a single judge
    bench,on 19th july 2018, Justice J.B.Pardiwala held that,
    the applicant has been able to make out a strong prima
    facie case to have an ad interim order in terms of
    para.8(A),grant the relief in terms of para8(A) on the
    condition that the applicant shall deposit the entire
    decreetal amount with interest ason date within a period
    of 6 weeks before the registery of this court.

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