Dismissed

Shreeji Shrink System Thr. Partner Hiren Mukundray Shahn v. Parksons Cartamundi Private Limited

Bombay HC25 Jan 2024IA/12890/2023

Case brief

AI extract

What is this about?

Commercial appeal challenging rejection of the defendant's motion to recall an ex parte order in a commercial summary suit was not pressed after a preliminary objection on maintainability; the appellant sought leave to withdraw and approach the Supreme Court.

What did the court decide?

Appeal dismissed as withdrawn with liberty to approach the Supreme Court under Article 136; interim application disposed of.

Shreeji Shrink System Thr. Partner Hiren… — Civil Procedure and Limitation | Bombay HC (2024)

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7.COMAO.15.23.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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ANJALI Digitally signed byANJALI TUSHAR TUSHAR ASWALEDate: 2024.01.29 ASWALE 10:41:48 +0530

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COMMERCIAL APPEAL FROM ORDER NO.15 OF 2023 IN NOTICE OF MOTION NO.4584 OF 2022 IN COMMERCIAL SUMMARY SUIT NO.19 OF 2022 WITH INTERIM APPLICATION NO.12890 OF 2023 IN NOTICE OF MOTION NO.4584 OF 2022 IN COMMERCIAL SUMMARY SUIT NO.19 OF 2022

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Shreeji Shrink System ..Appellant

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Versus

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Paarksons Cartamudi Pvt Ltd ..Respondent

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Mr.Abhijeet Desai, with Ms.Bhavika Shinde, Vikrrant Shinde, Advocates for the Appellant.

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Mr.Anosh Sequeira , with Mansi Shah i/b Pravin Mehta Mithi Co, Advocates for the Respondent.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 25, 2024

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P.C.

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The above Commercial Appeal is filed challenging the order dated 2^nd May, 2023 passed by the learned City Civil Court at Bombay in Notice of Motion No.4584 of 2022 in Commercial Summary Suit No.19 of 2022. By the impugned order, the Notice

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of Motion filed by the Defendant (the Appellant herein) was

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Page 1 of 3 JANUARY 25, 2024

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Aswale

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7.COMAO.15.23.DOC

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rejected. In the said Notice of Motion, the relief sought was for recalling/setting aside the order dated 4^th October, 2022 under which it was directed that the above Commercial Suit be proceeded exparte against the Defendant as well as for exparte evidence.

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2 At the out set, the learned counsel appearing on behalf of the Respondent took a preliminary objection that this being a Commercial Suit, the present Appeal is not maintainable.

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3 Faced with this objection, the learned counsel appearing on behalf of the Appellant sought leave to withdraw the above Appeal with liberty to approach the Hon’ble Supreme Court under Article 136 of the Constitution of India.

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4 In these circumstances, the above Appeal is dismissed as withdrawn with liberty as prayed. No order as to costs.

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5 In view of the dismissal of the above Appeal, nothing survives in the above Interim Application and the same is disposed of accordingly.

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Page 2 of 3 JANUARY 25, 2024

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Aswale

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7.COMAO.15.23.DOC

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6 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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Page 3 of 3 JANUARY 25, 2024

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Aswale

Shreeji Shrink System Thr. Partner Hiren Mukundray Shahn v. Parksons Cartamundi Private Limited

Case brief

What is this about?

What did the court decide?

Shreeji Shrink System Thr. Partner Hiren Mukundray Shahn v. Parksons Cartamundi Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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