Allowed

Mohit Khabar Khabar v. Dazzler Confectionary Company Pvt. Ltd.

Bombay HC4 Apr 2022COMAP/22/2022

Case brief

AI extract

What is this about?

This interim order, made by consent, disposes of two linked commercial appeals by modifying an earlier impugned order to reflect a deposit of Rs.80 lakhs. The court permitted parties to file Order XIII-A CPC applications for priority hearing and disposed of pending interim applications.

What did the court decide?

The appeals were disposed of by consent; the impugned order was modified to reflect a deposit of Rs.80 lakhs; pending interim applications were disposed of as infructuous.

Mohit Khabar Khabar Vs Dazzler Confectionary Company… — Company and Corporate | Bombay HC (2022)

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22-OSIA-1142-2022 IN COMAP-22-2022+.DOC

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Arun

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION

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INTERIM APPLICATION NO. 1142 OF 2022

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COMMERCIAL APPEAL NO. 22 OF 2022

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Mohit Khabar Khabar …Applicant In the matter between Mohit Khabar Khabar ...Appellant Versus Dazzeler Confectionery Co Pvt Ltd …Respondent

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WITH

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COMMERCIAL APPEAL (L) NO. 7426 OF 2022 IN

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INTERIM APPLICATION NO. 1873 OF 2020

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Dazzler Confectionery Company Pvt Ltd ...Appellant Versus Mohit Khabar Khabar …Respondent

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WITH

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INTERIM APPLICATION (L) NO. 7502 OF 2022

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COMMERCIAL APPEAL (L) NO. 7426 OF 2022

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ARUN RAMCHNDRA SANKPAL

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Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2022.04.05 16:33:00 +0530

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Dazzler Confectionery Company Pvt Ltd …Applicant In the matter between Dazzler Confectionery Company Pvt Ltd ...Appellant

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Page 1 of 4 4th April 2022

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22-OSIA-1142-2022 IN COMAP-22-2022+.DOC

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Versus Mohit Khabar Khabar

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…Respondent

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Mr Zal Andhyarujina, Senior Advocate , with Nerav Merchant, Akanksha Agarwal & Nadeem Sharma, i/b Thakordas Madgavkar, for the Appellant in COMAP/22/2022 and for the Respondent No. COMAPL/7426/2022.

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Mr Siddhesh Bhole , with Yakshay Chheda, i/b SSB Legal & Advisory, for the Appellant in COMAPL/7426/2022 and Respondent in COMAP/22/2022.

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CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 4th April 2022

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PC:-

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COMMERCIAL APPEAL NO. 22 OF 202 2 AND : COMMERCIAL APPEAL (L) NO. 7426 OF 2022

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1. All objections are to be removed in Commercial Appeal No. 7426 of 2022 and it is to be finally numbered on or before 18th April 2022.

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2. By consent of parties, we make the following order in regard to the impugned Order and Judgment dated 24th January 2022.

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3. This order today is by consent and without any assessment on the merits.

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Page 2 of 4 4th April 2022

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22-OSIA-1142-2022 IN COMAP-22-2022+.DOC

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4. Both sides agree that the entire amount of Rs.80 lakhs will remained deposited with the Court to the credit of the present Suit in which leave to defend has been granted to the original Defendant.

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5. To this extent—

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(a) paragraph 2 of the operative portion of the impugned order is modified.

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(b) Paragraph 5 of the operative portion of the impugned order will no longer survive; and

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(c) paragraph 1 of the operative portion of the impugned order will necessarily stand modified accordingly.

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6. Both sides agree that they will file an appropriate applications under Order XIII-A of the Code of Civil Procedure 1908 (“ CPC ”) as amended by the Commercial Courts Act 2015. They agree to do so on or before 17th June 2022.

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7. We permit the parties to make an application or a request to the learned Singe Judge for an expedited or priority hearing of the Order XIII-A application given the frame of the Commercial Courts Act.

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8. We keep open all questions of limitation. The findings of the learned Single Judge on limitation are clearly prima facie and will not affect the final determination of any issue of limitation.

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Page 3 of 4 4th April 2022

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22-OSIA-1142-2022 IN COMAP-22-2022+.DOC

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9. The Appeals are disposed of in these terms with no order as to costs.

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10. In view of this, the pending IAs are infructuous and disposed of accordingly.

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(Madhav J. Jamdar, J)

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(G. S. Patel, J)

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Page 4 of 4 4th April 2022

Mohit Khabar Khabar v. Dazzler Confectionary Company Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mohit Khabar Khabar v. Dazzler Confectionary Company Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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