Dismissed

Oriental Bank of Commerce v. Unique Integrated Transport and Management Consultancies Pvt. Ltd. and 2 Ors.

Bombay HC7 Jul 2014APP/420/2014

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of three appeals filed by Orient Bank of Commerce against an order by the Trial Judge. The Court ruled the appeals not maintainable as they were directed against a procedural order. However, it offered three months from the judgment date for recording evidence in pending suits.

What did the court decide?

The appeals were disposed of as not maintainable. The three months time limit for recording evidence is three months from today.

Oriental Bank of Commerce Vs Unique… — Contract and Commercial Disputes | Bombay HC (2014)

appl-382-14

Uday P. Kambli

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

¶5

APPEAL (L) NO.382 OF 2014

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¶7

NOTICE OF MOTION NO.551 OF 2014

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¶9

SUIT NO.919 OF 1996

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WITH APPEAL (L) NO.384 OF 2014

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¶12

NOTICE OF MOTION NO.875 OF 2014

SUIT NO.2999 OF 1996

WITH

APPEAL (L) NO.385 OF 2014

¶17

¶18

NOTICE OF MOTION NO.876 OF 2014

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¶20

SUIT NO.919 OF 1996

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Orient Bank of Commerce v/s.

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...Appellant

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Unique Integrated Transport and Management Consultancies Pvt.Ltd. ...Respondents

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Ms.Mamata Sadh with Mr.Amol Sarote i/b Goenka Law for appellant.

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Dr.K.K.Khanna for respondents.

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CORAM: MOHIT S. SHAH, C.J. & M.S.SONAK, J. DATE : 7 JULY 2014

1 of 3

appl-382-14

Uday P. Kambli

P.C.:

These appeals are directed against order dated 13 June 2014 of the learned Trial Judge disposing of three notices of motion.

¶33

Having regard to the procedural nature of the order passed by the learned Trial Judge, we are of the view that these appeals are not maintainable.

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Since one suit is pending since 1996 and the other suit is pending since 2005, it would be in the interest of all concerned and interest of justice to see that recording of evidence is completed as early as possible and directions given by the learned Trial Judge are for achieving that object.

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Learned Advocate for the appellant, however, submits that the defendant is aggrieved by the impugned order, since in the memo of Notice of Motion No.551 of 2014 the plaintiff has made some allegations against the conduct of the advocate for the appellant/defendant.

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Learned Advocate has also placed before us synopsis of dates on which the meetings were held by the Court Commissioner for recording evidence.

2 of 3

3 appl-382-14

Uday P. Kambli

Having perused the said synopsis, it does appear that learned advocate for defendant No.2 did participate in the proceedings. But the learned Judge has not made any observations against any advocate and therefore the impugned order cannot be treated as an affront to the learned advocate for defendant No.2.

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With this clarification all three appeals are disposed of as not maintainable.

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In the facts and circumstances of the case, three months time limit stipulated by the learned Trial Judge shall be treated as three months from today.

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CHIEF JUSTICE

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(M.S.SONAK, J.)

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3 of 3

Oriental Bank of Commerce v. Unique Integrated Transport and Management Consultancies Pvt. Ltd. and 2 Ors.

Case brief

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Oriental Bank of Commerce v. Unique Integrated Transport and Management Consultancies Pvt. Ltd. and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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