Towels India Export Limited v. Pladio Plastic Dies Company Private Limited and Anr.
Case brief
What is this about?
Timing of deciding applications for amendment of Written Statement in first appeals before Appellate Bench of Small Causes Court; distinction from additional evidence under Order 41 Rule 27 CPC 1908; deferral of amendment applications till after final hearing held impermissible; orders dated 21 July 2023 set aside; amendment applications to be decided before commencement of appeal hearing; exemplary costs for abuse of process; decrees already executed, possession with Plaintiffs (counsel's submission); Towels India Exports Limited v. Pladio Plastic Dies Company Private Limited; group of 16 writ petitions led by WP 9550 of 2024; Bombay High Court; Sandeep V. Marne, J.; order corrected per speaking to minutes dated 8 May 2025.
What did the court decide?
Impugned orders dated 21 July 2023 set aside; Appellate Bench of Small Causes Court directed to decide the applications for amendment of Written Statement before commencement of the hearing of the Appeals, on their own merits and uninfluenced by the observations in this order; Writ Petitions disposed of accordingly.