Iolite Softwares Private Limited v. R. K. Dewan and Company
Case brief
What is this about?
The court granted an interim stay on the impugned order of the District Court during the pendency of the interim application, admitted the commercial appeal, and set timelines for affidavits and rejoinders while noting issues regarding payment terms and limitation.
What did the court decide?
Condoned delay of 7 days; granted interim stay on impugned order pending final disposal; directed filing of reply affidavit and rejoinder.
What the court decided
Digitally signed by GAURI GAURI AMIT 1/3 904.IA-4097-2023.doc AMIT GAEKWAD GAEKWAD Date: 2023.04.26 13:01:14 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION
1/3 904.IA-4097-2023.doc
INTERIM APPLICATION NO.4097 OF 2023
IN
COMMERCIAL APPEAL FROM ORDER (ST.) NO.10642 OF 2023
Iolite Softwares Private Limited …..Applicant/Appellant
Vs.
R.K. Dewan and Company …..Respondent
Mr. Vishal Pattabiraman a/w. Mr. Jayesh Mestry for applicant.
Mr. Aditya Chitale a/w. Mr. Ameet Deshpande, Mr. Sumedh Ruikar and Mr. Prashant Shetty i/b. R.K. Dewan Legal Services for respondent.
CORAM : K. R. SHRIRAM &
RAJESH S. PATIL, JJ. DATED : 25th APRIL 2023
Issues for consideration
3 issues framed by the court
Whether the delay of 7 days in filing the interim application should be condoned.
Whether an interim stay should be granted pending the final disposal of the application.
Whether the dispute involves issues of payment, warranty period, and limitation under the supply agreement.
Parties & counsel
- appellant
Iolite Softwares Private Limited
- respondent
R.K. Dewan and Company
Coram
K. R. Shriram
Case details
As recorded by the court registry
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