Messers Kalyani Corporation Thr. Its Prop. Kalyani Vivek Sonar vs M/S. Nina Sales Corporation Thr. Ketan Praful Shah — Bombay HC (2025) — LawSathi Research

Messers Kalyani Corporation Thr. Its Prop. Kalyani Vivek Sonar vs M/S. Nina Sales Corporation Thr. Ketan Praful Shah — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the consent terms: decree in terms of prayer clause (a) of the Suit substituted for the ex-parte decree dated 19.09.2022; the Defendant to pay a sum of Rs.4,82,130/- in 12 monthly installments of Rs.40,177/- each, payable on or before the 10th day of each month commencing from 10th May 2025, by NEFT/RTGS to the plaintiff's Yes Bank account (Branch Ghatkopar East, Mumbai, A/c No. 021384600000027, IFSC YESB0000213); upon default in payment of any installment, the clause-1 decree shall become executable after giving credit for amounts received. Interim application also disposed.

Ratio / Principle

The appeal is disposed of in terms of the consent terms arrived at between the parties, whereby the decree dated 19th September 2022 of the Bombay City Civil Court is substituted by a consent decree in terms of prayer clause (a) of the Suit.

Key takeaways

The interim application, if any, also stands disposed of.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court (Commercial Appeal from Order No. 3 of 2025 with Interim Application No. 1777 of 2025, under section 13(1-A) of the Commercial Courts Act, 2015): Messers Kalyani Corporation v. M/s. Nina Sales Corporation. The appeal was directed against the Bombay City Civil Court's order dated 23rd October 2023 rejecting the appellant's notice of motion for setting aside an ex-parte decree dated 19th September 2022. By order dated 2nd April 2025 the Court referred the matter to mediation; Mr. Nitin Thakker, learned senior counsel, acted as Mediator and submitted consent terms arrived at between the parties. Held: the appeal is disposed of in terms of the consent terms, under which the decree dated 19th September 2022 is substituted by a decree by consent in terms of prayer clause (a) of the Suit; the Defendant undertakes to pay a sum of Rs.4,82,130/- in 12 monthly installments of Rs.40,177/- each, payable on or before the 10th day of each month commencing 10th May 2025, by NEFT/RTGS to the plaintiff's Yes Bank account; upon default of any installment, the clause-1 decree becomes executable after giving credit for amounts received. The interim application also stands disposed of, and the Court placed on record its appreciation of the Mediator's efforts.

19-COMAO.3.2025.doc

Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

COMMERCIAL APPEAL FROM ORDER NO. 3 OF 2025 WITH INTERIM APPLICATION NO. 1777 OF 2025

Messers Kalyani Corporation } Appellant versus

M/s. Nina Sales Corporation } Respondent

Mr. Suraj S. Ghogare for appellant. Mr. Vijay M. Vaghela for respondent.

Mr. Nikhil Phakatkar, representative of appellant present.

CORAM: ALOK ARADHE, CJ. & M. S. KARNIK, J.

Digitally signed by JAYANT JAYANTVISHWANATH VISHWANATHSALUNKE SALUNKE Date: 2025.04.23 02:17:17 +0530

DATE: APRIL 22, 2025

P.C.:

1. This appeal under section 13(1-A) of the Commercial Courts Act, 2015 has been filed against the order dated 23^rd October 2023 passed by the Bombay City Civil Court rejecting the notice of motion filed by the appellant for setting aside the ex-parte decree dated 19^th September 2022.

2. This Court, by an order dated 2^nd April 2025, had referred the matter for mediation. Mr. Nitin Thakker, learned senior counsel (Mediator) has submitted the consent terms arrived at between the parties, which read as under: -

“CONSENT TERMS

The Decree passed by Bombay City Civil Court at Bombay dated 19^th September 2022 is substituted by the following Decree by Consent.

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19-COMAO.3.2025.doc

There shall be decree in terms of prayer clause (a) of the Suit.

In the event of the Defendant paying a Sum of Rs.4,82,130/- by 12 monthly installments of Rs.40,177/- each, to be paid on or before 10^th day of each month commencing from 10^th May 2025.

Each of the instatement the Defendant undertakes to this Hon’ble Court to pay by NEFT/RTGS to the credit of Bank A/c of the plaintiff viz.

Bank Name: - Yes Bank Branch: Ghatkopar (East), Mumbai. Account No.: 021384600000027. name of Account Holder: Nina Sales Corporation IFSC Code: YESB0000213

In the event of the Defendant committing default in payment of anyone installment the decree as per clause 1 after giving credit for the amount if any received shall become executable.”

3. In view of the aforesaid, the appeal is disposed of in terms of the aforesaid consent terms arrived at between the parties.

4. Interim application, if any, also stands disposed of.

5. We place on record our appreciation for the efforts put in by Mr. Nitin Thakker, learned senior counsel, who acted as the Mediator between the parties.

(M. S. KARNIK, J.) (CHIEF JUSTICE)

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