Disposed¶19

Al Kabeer Exports Private Limited v. Avana Global Fzco

Bombay HC6 Feb 2025COMAP/45/2024

Case brief

AI extract

What is this about?

Commercial appeal disposed of with directions; s.13(1-A) Commercial Courts Act 2015 appeal against Single Judge's refusal of ad-interim relief dated 13.07.2023; suit transferred to City Civil Court; Order 38 Rule 5 CPC interim application pending, reply filed by respondents; direction to decide interim application by speaking order within 10 weeks uninfluenced by 13.07.2023 observations; Bombay HC OOCJ; Coram Alok Aradhe CJ & Bharati Dangre J; Al Kabeer Exports Pvt Ltd v. Avana Global FZCO & Ors.

What did the court decide?

Direction to the learned Judge of the City Civil Court to decide the appellant's pending application for interim relief (Order 38 Rule 5 CPC) by a speaking order within 10 weeks, without being influenced by any of the observations contained in the order dated 13th July 2023 passed by the learned Single Judge. ¶19

Al Kabeer Exports Private Limited vs Avana Global Fzco — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the learned Judge of the City Civil Court should be directed to decide the appellant's pending application for interim relief by a speaking order, without being influenced by the observations contained in the order dated 13th July 2023 passed by the learned Single Judge.

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Court's answer

Taking into account that the application for interim relief filed under Order 38 Rule 5 of CPC is pending before the learned Judge of the City Civil Court, the Division Bench disposed of the appeal and directed the learned Judge of the City Civil Court to decide the application for interim relief by a speaking order within a period of 10 weeks from the date of the order, without being influenced by any of the observations contained in the order dated 13th July 2023 passed by the learned Single Judge.

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Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Commercial Appeal No. 45 of 2024 with Interim Application (L) No. 17048 of 2021) — Al Kabeer Exports Private Limited v. Avana Global FZCO & Ors.; Coram: Alok Aradhe, CJ. & Bharati Dangre, J.; decided 6 February 2025. The appeal under section 13(1-A) of the Commercial Courts Act, 2015 challenged the order dated 13th July 2023 passed by the Commercial Court, by which the learned Single Judge refused ad-interim relief to the appellant. Counsel recorded that the suit has since been transferred to the City Civil Court, where the appellant's application for interim relief under Order 38 Rule 5 CPC is pending and the respondents have filed their reply. The appellant prayed that the City Civil Court Judge be directed to decide the interim-relief application by a speaking order uninfluenced by the observations in the 13th July 2023 order; respondents did not oppose. Held: the appeal was disposed of with a direction to the learned Judge of the City Civil Court to decide the interim-relief application by a speaking order within 10 weeks, without being influenced by any observation in the order dated 13th July 2023.

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5-COMAP.45.2024

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Jvs.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMMERCIAL APPEAL NO. 45 OF 2024 WITH INTERIM APPLICATION (L) NO. 17048 OF 2021

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Digitally signed by JAYANTVISHWANATH JAYANTVISHWANATHSALUNKE SALUNKE Date: 2025.02.06 20:29:44 +0530

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Al Kabeer Exports Private Limited } Appellant Versus Avana Global FZCO & Ors. } Respondents

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Mr. Charlews De Souza with Mr. Shantanu Ray i/b. Mr. Shantanu Ray for appellant.

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Mr. Prashant Pratap with Ms. Sneha Goud, Ms. Lavanya Chopra i/b. Bose & Mitra & Co. for respondents.

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CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

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DATE: FEBRUARY 6, 2025

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P.C.:

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1. In this appeal, filed under section 13(1-A) of the Commercial Courts Act, 2015 challenges the validity of the order dated 13^th July 2023 passed by the Commercial Court, by which the learned Single Judge has refused to grant ad-interim relief to the appellant.

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2. Learned counsel for the petitioner fairly submitted that subsequently, the suit has been transferred to the City Civil Court and an application for interim relief under Order 38 Rule 5 of the Code of Civil Procedure, 1908 (CPC), which has been filed by the appellant, is pending consideration before the said Court.

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¶15

5-COMAP.45.2024

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It is further submitted that the respondents have received notices and have filed reply to the said application for interim relief.

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3. Learned counsel for the appellant submits that the learned Judge of the City Civil Court be directed to decide the application preferred by the appellant seeking interim relief by a speaking order without being influenced by the observations contained in the order dated 13^th July 2023 passed by the learned Single Judge.

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4. The aforesaid prayer is fairly not opposed by learned counsel for the respondents.

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5. In view of the aforesaid submissions and taking into account the fact that the application for interim relief filed under Order 38 Rule 5 of CPC is pending before the learned Judge of the City Civil Court, the appeal is disposed of with a direction to the learned Judge of the City Civil Court to decide the application for interim relief by a speaking order within a period of 10 weeks from today without being influenced by any of the observations contained in the order dated 13^th July 2023 passed by the learned Single Judge.

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(BHARATI DANGRE, J.) (CHIEF JUSTICE)

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Al Kabeer Exports Private Limited v. Avana Global Fzco

Case brief

What is this about?

What did the court decide?

Al Kabeer Exports Private Limited v. Avana Global Fzco

Case brief

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