Allowed

M/S Sadbhav Engineering Ltd. Throu. Its Chief Executive Officer and Ors. v. Suwarna Buildcon Pvt. Ltd. Throu. Its Director and Ors.

Bombay HC1 Apr 2024WP/4056/2024

Case brief

AI extract

What is this about?

Writ petition challenging an ex parte order in a commercial suit; the High Court instead directed the District Court, Pune to decide the pending Order IX Rule 7 CPC application to set aside the ex parte order within four weeks.

What did the court decide?

District Court directed to decide the Order IX Rule 7 CPC application within four weeks after hearing both sides; writ petition allowed and disposed on that direction.

M/S Sadbhav Engineering Ltd. Throu. Its… — Contract and Commercial Disputes | Bombay HC (2024)

¶1

16B. CIVIL WP-4056-2024.docx

¶2

Amberkar

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO. 4056 OF 2024

¶6

Sadbhav Engineering Ltd & Ors. .. Petitioners Versus Suwarna Buildcon Private Ltd & Ors. .. Respondents

¶7

Mr. Pankaj Savant, Senior Advocate a/w Mr. Arjun Savant and Mr. Parv Gupta i/by Ms. Disha Parekh for Petitioners

¶8

Mr. Sachin K. Hande for Respondent No. 1

¶9

Mr. Prasad Mane a/w Ms. Hita Chandarana i/by Desai & Diwanji for Respondent No. 2

¶10

CORAM : MILIND N. JADHAV, J. DATE : APRIL 01, 2024

¶11

P. C.:

¶12

Heard Mr. Savant, learned Senior Advocate for Petitioners; Mr. Hande, learned Advocate for Respondent No. 1 and Mr. Mane, learned Advocate for Respondent No. 2.

¶13

Present Writ Petition takes exception to the order dated 19.01.2023 passed by learned District Court, Pune below Exh. 1 in Commercial Suit No. 3 of 2023. The said order is a handwritten order which I find at page No. 124 of the Petition. By virtue of the said order, Defendant Nos. 1,2,3 & 7 though served with suit summons remained absent when the Suit was called out for hearing and therefore it was directed by the Court to proceed with the matter exparte against them. Application for setting aside the exparte order

¶14

1 of 2

¶15

16B. CIVIL WP-4056-2024.docx

¶16

was under O. IX, R. 7 of the CPC has been immediately filed on 06.02.2023. Mr. Hande, learned Advocate for Respondent No. 1 would submit that the said Application is pending before the learned District Court. Mr. Savant, learned Advocate for Petitioners confirms the same.

¶17

Present Writ Petition can be disposed of in view of the alternate relied prayed for by the Petitioners in prayer clause (b). Hence, learned District Court is directed to determine and decide Misc. Application which is at Exh. G, page Nos. 126-129 filed for setting aside exparte order dated 19.01.2023 under O. IX, R. 7 of the CPC dated 06.02.2023 within a period of four weeks from today after hearing both the sides and pass appropriate orders strictly in accordance with law.

¶18

With the above direction, Writ Petition is allowed and disposed.

¶19

Amberkar

¶20

[ MILIND N. JADHAV, J. ]

¶21

Digitally signed by RAVINDRA RAVINDRAMOHANAMBERKAR MOHANAMBERKARDate:2024.04.01 15:11:39 +0530

¶22

2 of 2

M/S Sadbhav Engineering Ltd. Throu. Its Chief Executive Officer and Ors. v. Suwarna Buildcon Pvt. Ltd. Throu. Its Director and Ors.

Case brief

What is this about?

What did the court decide?

M/S Sadbhav Engineering Ltd. Throu. Its Chief Executive Officer and Ors. v. Suwarna Buildcon Pvt. Ltd. Throu. Its Director and Ors.

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

Similar cases

Glenford Wenceslaus D'Souza vs Ceasar Antonio D'Souza (Deceased)

Melanie Bernard Rodriques Nee Melanie Peter Dsouza vs Peter Augustine Dsouza Alias Peter a. Dsouza Alias Dsouza Peter Augustine

Balaso Shamrao Patil Vs Roshan Ashok Gade and Anr.

Mandakini Hanmant Sawant Vs Anil Namdev Sawant and Anr.

Miss. Preshita Mahesh Deshpande and Anr. Vs Prakash Madhukar Dashputre and Anr.

Shri Sambhaji Baburao Bhosale Vs Shri Bhairu Ramchandra Dhanavade and Ors.