The Bombay High Court, in a summons for judgment, granted the defendant unconditional leave to defend due to triable issues regarding liability to pay interest and transferred the suit to the commercial causes list.
Unconditional leave to defend granted; Suit transferred to commercial causes list.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.83 OF 2003
IN
SUMM.SUIT NO.3162 OF 2003
M/s Kamal & Co .. Plaintiff
versus
M/s Mastro Dyes & Chemicals .. Defendant
Ms.V.M.Chaudhari i/b A.R.Dhanuka for Plaintiff.
Mr. E.A.Anandan for Defendant.
CORAM : D.G. KARNIK, J
DATED : 23rd March 2005.
P.C:-
1. The defences raised by the defendant give rise to
triable issues in particular the question whether the
defendant is liable to pay interest. Hence, the
defendant is granted unconditional leave to defend the
suit. Suit shall stand transferred to the list of
commercial causes. Defendant shall file the written
statement within one month.
D.G.KARNIK, J
M/s Kamal & Co
M/s Mastro Dyes & Chemicals
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court