The High Court allowed a notice of motion praying for restoration of an order dismissing a suit and condonation of a 65-day delay. The court directed parties to file affidavits of evidence and documents by a specific date.
Restoration of order dated 12-02-2015 and condonation of 65-day delay granted.
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.
nms 472 of 2015 (908).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.472 OF 2015 IN
SUIT NO.4033 OF 1994
Surindra Engineering Co. Ltd. … Plaintiff
versus
Arbed International Trading S.A. And Anr. … Defendants
Mr. B.B.Nangare, for Plaintiff.
Mr. P. Shenoy i/by M/s. Little and Co., for Defendant No.1.
CORAM: S.J. KATHAWALLA, J.
DATE: 15th JULY, 2015
P.C.:
thereto. For reasons set out in the Affidavit in support of the Notice of Motion, the same is allowed in terms of prayer clauses (a) and (b), which are
reproduced hereunder :
“(a) that the order dated 12-02-2015 dismissing the suit for non-compliance of directions be restored and the Plaintiffs be allowed to take further steps in the matter.
(b) The 65 days delay in restoration the matter be condoned”.
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nms 472 of 2015 (908).sxw
documents and compilation of documents on or before 31-07-2015. The Defendants too shall file their Affidavit of documents and compilation of documents on or before 31-07-2015. Stand over to 31-07-2015, for Directions.
( S.J.KATHAWALLA, J. )
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1 issue framed by the court
Whether the delay in restoration of the ground order needs to be condoned.
Surindra Engineering Co. Ltd.
Arbed International Trading S.A.
And Anr.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
