The court disposed of Chamber Summons No.766 of 2011 in Suit No.1237 of 2009, allowing it while preserving issues of limitation and merit for the main suit hearing, and set timelines for filing the amended plaint and additional written statement.
Chamber summons allowed in terms of prayer clauses; issues of limitation and merit kept open.
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 .. 3-CHS-766/11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY .
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.766 OF 2011
IN SUIT NO.1237 OF 2009
Premier Ltd. ... Plaintiff V/s. Bombay Cycle & Motor Agency Ltd. ... Defendant
Mr Vishal Seth i/b M/s Crawford Baylay & Co. for the plaintiff. Mr P. Ranjan i/b M/s Halai & Co. for defendant.
CORAM : R.D.DHANUKA J. DATED : APRIL 04 , 2014.
P.C.
Learned counsel appearing for parties submit that parties have no objection if chamber summons No.766 of 2011 is also disposed of for the reasons recorded in order dated 10th February 2014 in chamber summons No.58 of 2013. Statement is accepted. Chamber summons is allowed in terms of prayer clauses (a) and (b) keeping open the issue of limitation and the claim being un-tenable on merits which can be raised during the hearing of the suit.
1/1
Asmita
1 issue framed by the court
Whether to dispose of the chamber summons by referring to reasons in a previous order and allowing the amended plaint.
R.D. Danuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
