Allowed

Bengal Mill Stores Pvt. Ltd. v. Jayesh Chunilal Doshi and Ors.

Bombay HC31 Aug 2012APP/149/2013

Case brief

AI extract

What is this about?

Appellant sought to set aside an order dismissing its suit for want of prosecution. The Division Bench, accepting consent, recalled the dismissal, directed the Appellant to file documents and cooperate within a week, and made costs of Rs.50,000 payable as a condition precedent.

What did the court decide?

Impugned order set aside; Notice of Motion made absolute; Appellant directed to file evidence, cooperate, and pay Rs.50,000 costs.

Bengal Mill Stores Pvt. Ltd. Vs Jayesh… — Civil Procedure and Limitation | Bombay HC (2012)

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1 of 2 APP(L).526.2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL (LODGING) NO.526 OF 2012 IN NOTICE OF MOTION NO.1414 OF 2012 IN

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SUIT NO.2555 OF 2003

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Bengal Mills Stores Pvt.Ltd.

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Appellant

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versus

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Jayesh C. Doshi and others Respondents

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Mr.Rafiq Peermohiddin with Mr.Rajesh Rathod and Ms.B.Parulekar i/by Mr.Rahul M. More for Appellant.

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Mr.Satyam Vaishnav with Mr.Anil Chauhan i/by N.N.Vaishnava & Co. for Respondents 1 and 2.

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Mr.N.A.Bandhodkar, IInd Assistant to Court Receiver present.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ.

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DATE : 31 August 2012

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PC :

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With the consent of the learned counsel appearing on behalf of the Appellant and the First and Second Respondents (original First and Second Defendants who are the contesting parties) and on their request, we pass the following order, the Court being informed that no reasons are necessary :

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(i) The impugned order of the learned Single Judge dated 13 July 2012 is set aside and Notice of Motion No.1414 of 2012 before the learned Single Judge is made absolute by recalling the order dated 7 May 2012 dismissing the suit for want of prosecution;

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2 of 2 APP(L).526.2012

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(ii) The directions in Clause-(i) above are subject to the unconditional undertaking furnished by the Appellant through its counsel to the Court that:

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(a) The Appellant shall, within a period of one week from today, file the affidavit of evidence and compilation of documents;

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(b) The Appellant shall co-operate in all respects before the learned Trial Judge in the expeditious disposal of the suit, having regard to the order of expedition passed by the Division Bench on 3 February 2012;

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(iii) The Appellant shall pay to the First and Second Respondents costs quantified at Rs.50,000/- (Rs.Fifty thousand only) within a period of one week from today, which shall be a condition precedent;

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(iv) In the event, that there is any breach in payment of the costs as agreed, the Appellant shall loose the benefit of this order and the order dismissing the suit shall stand. The same consequence shall follow, if there is any other breach in complying with the present order;

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(v) The appeal stands disposed of accordingly, by consent, since no other point is pressed. There shall be no order as to costs.

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(DR.D.Y.CHANDRACHUD, J.)

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(A.A.SAYED, J.)

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MST

Bengal Mill Stores Pvt. Ltd. v. Jayesh Chunilal Doshi and Ors.

Case brief

What is this about?

What did the court decide?

Bengal Mill Stores Pvt. Ltd. v. Jayesh Chunilal Doshi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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