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: 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, with the Defendant to pay Rs. 4,82,130/- in 12 monthly installments of Rs. 40,177/- each commencing 10th May 2025; interim application also disposed of.

Issue for consideration

Whether the appeal against the Bombay City Civil Court's order dated 23rd October 2023 rejecting the appellant's notice of motion for setting aside the ex-parte decree dated 19th September 2022 should be allowed (ultimately resolved consensually through mediation rather than adjudicated).

Court's answer

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

Ratio / Principle

By the consent decree, there shall be decree in terms of prayer clause (a) of the Suit, substituting the earlier decree of the Bombay City Civil Court dated 19th September 2022.

Key takeaways

Under the consent decree, the Defendant is to pay Rs.4,82,130/- by 12 monthly installments of Rs.40,177/- each, on or before the 10th day of each month commencing from 10th May 2025, by NEFT/RTGS to the credit of the plaintiff's Yes Bank account.ratio¶21
In the event of the Defendant committing default in payment of any one installment, the decree as per clause 1 shall become executable, after giving credit for the amount, if any, received.ratio¶24

Detailed headnote1 paragraphs

HIGH COURT OF BOMBAY (Commercial Appellate Jurisdiction) — Commercial Appeal from Order No. 3 of 2025 with Interim Application No. 1777 of 2025; Messers Kalyani Corporation (Appellant) v. M/s. Nina Sales Corporation (Respondent); CORAM: Alok Aradhe, CJ. & M. S. Karnik, J.; decided 22 April 2025. Appeal under section 13(1-A) of the Commercial Courts Act, 2015 against the order dated 23rd October 2023 of the Bombay City Civil Court rejecting the appellant's notice of motion for setting aside the ex-parte decree dated 19th September 2022. Pursuant to reference to mediation by order dated 2nd April 2025, consent terms settled through mediator Mr. Nitin Thakker, learned senior counsel, were placed before the Court: (i) decree in terms of prayer clause (a) of the Suit substituted for the 19.09.2022 decree; (ii) Defendant to pay Rs. 4,82,130/- in 12 monthly installments of Rs. 40,177/- each, on or before the 10th day of each month commencing 10th May 2025, by NEFT/RTGS to the plaintiff's Yes Bank account (Ghatkopar East branch); (iii) on default of any installment, the clause-1 decree to become executable after giving credit for amounts received. Appeal disposed of in terms of the consent terms; interim application also disposed of. Court recorded 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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