Partly allowed

Messe Frankfurt Trade Fairs India Pvt. Ltd. v. Nexgen Conferences Private Limited and 4 Others

Bombay HC22 Nov 2016NMS/1319/2016

Case brief

AI extract

What is this about?

This order addresses two matters: first, it disposes of an infructuous notice of motion regarding past conferences; second, it grants the defendants leave to file a written statement in the transferred suit conditionally, warning that failure to do so by the deadline will result in the suit being decreed with specific monetary damages.

What did the court decide?

Set aside the transfer to undefended suits list; grant leave to file written statements before March 3, 2017, conditionally subject to a default decree of Rs. 5 lakhs if not filed.

Messe Frankfurt Trade Fairs India Pvt. Ltd… — Contract and Commercial Disputes | Bombay HC (2016)

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920-NMS-1319-2019.DOC

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JSN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1319 OF 2016

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IN

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SUIT NO. 402 OF 2016

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AND

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SUIT NO. 402 OF 2016

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Messe Frankfurt Trade Fairs India Private …Plaintiff
Limited

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Versus

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Nexgen Conferences Private Limited and Others…Defendants

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Ms. Neha Naik, for the Plaintiff.

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Mr. Viral Shukla, with Priti Patel i/b Shukla and Associates for
Defendants Nos. 1 to 3.

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CORAM: G.S. PATEL, J DATED: 22nd November 2016

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PC:-

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1.The Notice of Motion is infructuous. It sought reliefs in
respect of trade conferences and the last of which was in April 2016.
These conferences are now over.

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2. The Notice of Motion is disposed of with no order as to costs.

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Page 1 of 3
22nd November 2016

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920-NMS-1319-2019.DOC

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3.By consent, the Suit is taken up for directions as against
Defendants Nos.1 to 3. The Suit has been transferred to the list of
undefended Suits. Defendants Nos. 1 to 3 are represented today.
They seek that the order of transfer to the list of undefended causes
against them be recalled and set aside so that they be allowed to file
their Written Statement.

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4.I will grant that leave as a final opportunity and set aside the
order of the registry transferring the suit against them to the list of
undefended suits. Defendants Nos.1 to 3 are already delinquent in
not having filed Written Statement as previously directed. The
application is of course, opposed. I will however, grant the reliefs
conditionally; the condition being that, if by next date, which I will
now fix, the Defendants have not filed their Written Statement, they
will, without any further order of the Court, be deemed to have
submitted to a decree in terms of prayer clauses (a), (b), (c), (e), (f)
and (g); and so far prayer (h) for damages is concerned, a decree in
the amount of Rs. 5 lakhs. The suit will, upon such default, stand
decreed against Defendants Nos. 1 to 3 in these terms.

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5.Mr. Shukla for Defendants Nos. 1 to 3 agrees and accepts that
this is a reasonable order and condition in lieu of an order of costs
that I might otherwise have made today as a pre-condition to the
grant of leave; and he acknowledges that any such order of costs
might well have been in excess of Rs. 5 lakhs.

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6.On this basis and subject to these conditions, Written
Statements to be filed and served on or before 3rd March 2017.

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Page 2 of 3

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22nd November 2016

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920-NMS-1319-2019.DOC

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7.In the event of default, and if the resultant decree is to put
into execution, the drawn up order / decree is dispensed with and
the Plaintiff will be at liberty to proceed in execution on the basis of
an authenticated copy of this order. Defendants Nos. 1 to 3 accept
this condition as well.

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(G. S. PATEL, J.)

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Page 3 of 3
22nd November 2016

Messe Frankfurt Trade Fairs India Pvt. Ltd. v. Nexgen Conferences Private Limited and 4 Others

Case brief

What is this about?

What did the court decide?

Messe Frankfurt Trade Fairs India Pvt. Ltd. v. Nexgen Conferences Private Limited and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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