Dismissed

M/S. Haldiram (India) Pvt. Ltd. v. Ashok Kumar Aggarwal and 6 Ors.

Bombay HC7 Mar 2017NMCD/436/2017

Case brief

AI extract

What is this about?

The High Court dismissed a withdrawn Notice of Motion and expedited the underlying commercial suit under the Commercial Courts Act 2015. The Court accepted a donation offer from the plaintiffs to the Tata Memorial Hospital.

What did the court decide?

The Suit for directions was listed on the supplementary board. The Plaintiffs were directed to pay Rs 1 lakh to Tata Memorial Hospital within two weeks.

M/S. Haldiram (India) Pvt. Ltd. Vs Ashok Kumar Aggarwal… — Company and Corporate | Bombay HC (2017)

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911-NMSL269-17.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 269 OF 2017

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IN

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SUIT (L) NO. 71 OF 2017

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Haldiram (India) Pvt Ltd…Plaintiffs
Versus
Ashok Kumar Aggarwal & Ors…Defendants

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Mr Arif Bookwala, Senior Advocate, with Shyam Dewani, Pukhraj
Deshpande, Akanksha H, Mr Pratik Thakkar, & Heena Kapoor,
i/b Dewani & Associates, for the Plaintiffs.
Mr Pravin Samdani, Senior Advocate, with J Hussein, i/b Hussein
& Co, for Defendants Nos. 1 to 3.

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CORAM: G.S. PATEL, J DATED: 7th March 2017

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PC:-

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1.After some arguments Mr Bookwala says on instructions that
he does not press this Notice of Motion. He requests that the Suit,
filed as a Commercial Suit under The Commercial Courts,
Commercial Division and Commercial Appellate Division of High
Courts Act 2015, be given priority. That can certainly be done.

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2.As a gesture of goodwill since the hearing took some time this
morning before the application for withdrawal of the Notice of

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Page 1 of 2
7th March 2017

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911-NMSL269-17.DOC

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Motion, Mr Bookwala’s clients offer to make a donation of Rs 1 lakh
to the Tata Memorial Hospital. This is accepted. The amount of Rs
1 lakh as suggested by Mr Bookwala will be paid to the Tata
Memorial Hospital within a period of two weeks from today. The
Plaintiffs will be entitled to such tax deductions or exemptions on
this amount as may be permissible in law.

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3. The Notice of Motion is dismissed as withdrawn.

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4.The Suit itself is expedited. On behalf of Defendants Nos. 1
to 3 Mr Samdani waives service of the Writ of Summons. For
service on the remaining Defendants, the Registry will issue Writ of
Summons on a priority basis. These will be served in accordance
with the Schedule to the Commercial Courts Act 2015.

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5. List the Suit for directions high on the supplementary board on 21st March 2017.

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(G. S. PATEL, J.)

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Page 2 of 2
7th March 2017

M/S. Haldiram (India) Pvt. Ltd. v. Ashok Kumar Aggarwal and 6 Ors.

Case brief

What is this about?

What did the court decide?

M/S. Haldiram (India) Pvt. Ltd. v. Ashok Kumar Aggarwal and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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