Primero LLP vs Manish Govind Rajput — Bombay HC (2025) — LawSathi Research

Primero LLP vs Manish Govind Rajput — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 77 days in filing the Written Statement condoned and the Written Statement taken on record; Suit disposed of in terms of consent terms marked 'X' for identification; undertakings in the consent terms accepted as undertakings to the Court.

Issue for consideration

Whether the delay of 77 days in filing the Written Statement ought to be condoned and the Written Statement taken on record. +1 more

Court's answer

Interim Application (L) No.29302 of 2024 is allowed in terms of prayer clause (a), condoning the delay of 77 days in filing the Written Statement and taking the Written Statement at Exhibit A on record.

Ratio / Principle

The Suit is disposed of in terms of the consent terms tendered by the parties and marked 'X' for identification.

Key takeaways

Any other interim applications are also disposed of in terms of the consent terms.ratio¶¶34
The undertakings given in the consent terms are accepted as undertakings given to the Court.ratio¶¶35

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction, Commercial Division — Commercial Suit No.55 of 2024 (Primero LLP v. Manish Govind Rajput & Ors.), with connected Interim Application (L) No.29302 of 2024 and Interim Application No.1980 of 2024; Coram: Arif S. Doctor, J.; decided 20 January 2025. Interim Application (L) No.29302 of 2024 seeking condonation of a 77-day delay in filing the Written Statement was unopposed and allowed in terms of prayer clause (a), with the Written Statement (Exhibit A) taken on record. The parties tendered consent terms, whose execution was verified by the Associate of the Court; the consent terms were marked 'X' for identification and the Suit was disposed of in terms thereof. Undertakings in the consent terms were accepted as undertakings given to the Court; remaining interim applications were disposed of accordingly; refund of court fees, if any, as per Rules; the Registry was directed to ensure the hard copy of the signed consent terms is permanently retained on file and not sent for destruction.

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MUGDHA MANOJ PARANJAPE

Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2025.01.20 17:34:09 +0530

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

COMMERCIAL SUIT NO.55 OF 2024

Primero LLP … Plaintiff V/s. Manish Govind Rajput & Ors. … Defendants

WITH

INTERIM APPLICATION (L) NO.29302 OF 2024

IN

COMMERCIAL SUIT NO.55 OF 2024

WITH

INTERIM APPLICATION NO.1980 OF 2024

IN

COMMERCIAL SUIT NO.55 OF 2024

Mr. Vijay Poojari i/by M/s. Shiralkar & Company for the Plaintiff. Mr. Duj Jain i/by Kiran Jain & Company for Defendant Nos.1 to 15. Mr. Abhishek Khambekar for Respondent Nos.16 to 21.

CORAM : ARIF S. DOCTOR, J. DATE : 20TH JANUARY 2025

P.C. :

Interim Application (L) No.29302 of 2024 is filed for condonation

of delay in filing the Written Statement. The said Interim Application is not

Mugdha

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opposed by Learned Counsel for the Plaintiff as the parties are today entered into consent terms.

In view of the above, Interim Application is allowed in terms of prayer clause (a), which reads thus:

“a. This Hon'ble Court be pleased to condone the delay of 77 days in filing the Written Statement in the captioned matter and take the Written Statement which is at Exhibit A on record;

The Interim Application is thus disposed of accordingly.

The parties have today tendered consent terms. The execution of the said consent terms has been duly verified by the Associate of this Court, who has appended his report to the said consent terms.

The Advocates for the parties submit that the consent terms are lawful, valid and did not affect the right, title and interest of the third party, who is not party to the Suit.

Accepting the aforesaid statement, the consent terms are marked as ‘X’ for identification with today’s date.

Mugdha

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The Suit is thus disposed of in terms of the consent terms.

Interim Applications, if any, are also disposed of accordingly.

The undertakings given in the consent terms are accepted as undertakings given to the Court.

Refund of court fees, if any, as per Rules.

A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

(ARIF S. DOCTOR, J.)

Mugdha

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