This motion, originally seeking damages for defamation and removal of a ROC charge, was heard on a notice of motion. The defendant demonstrated cooperation by already issuing the necessary certificates and returning invoices. The court held that nothing survived the motion on these facts.
Motion disposed; no order as to costs.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.493 OF 2013 IN
SUIT NO.2560 OF 2012
Atlanta Limited.
..Plaintiff.
vs.
SREI Equipment Finance Pvt.Ltd.
..Defendants.
Mr. M.M.Vashi,Senior Advocate with Mr. M. Kale i/by M.P .Vashi & Associates for the plaintiff.
Mr.Sandesh Shukla i/by Abhay Nevaji & Associates for Defendant Nos. 1 to 4 and 8.
CORAM : M. S. SANKLECHA, J. DATE : 25 JULY 2014
PC:
This motion has been taken out for directions to the defendants to deposit a sum of Rs.50.00 crores as compensation/damages for defaming the plaintiff and for further direction that the defendant to issue a no dues certificate, return the original invoices and sign the necessary forms to be submitted to the Registrar of Companies, so that the charge in the Registrar of Companies record could be removed. The plaint has been filed for damages on account of defamation.
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invoices and signing of original forms for removal of the charge registered with the Registrar of Companies is pressed.
“I state that Defendant No.1 is willing to co-operate with the plaintiff and sign any legitimate form or document required Tobe handed over to the ROC for removal of the charge in the ROC records.”
Statement is accepted.
1 issue framed by the court
Whether the defendant's willingness to cooperate for removal of ROC charge obviates the need for relief in the motion?
1 provisions across 1 enactments
M. S. SANKLECHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
