Sh. Sanjay Aggarwal v. M/S. Poonam Resorts Ltd., Nagpur Thr. Directors, Nandkumar Archandani and Others
Case brief
What is this about?
Writ Petition Nos. 816, 824, 815 of 2024; High Court of Judicature at Bombay, Nagpur Bench, Nagpur; Smt. M.S. Jawalkar, J.; decided 10/01/2025. Petitioners: Sanjay Aggrawal, Vipul Singla, Rajwant Sheikher Bhat; Respondents: M/s. Poonam Resorts Ltd. through its Directors and others; Counsel: A.T. Purohit (petitioners), Parth Malviya (respondent Nos.1 & 7). Subject: written statement beyond 120-day limit; order dated 20/01/2023 below Exh.45 of District Judge – 2 (Commercial Court) quashed and set aside; Section 12-A of the C.C. Act, 2015 (mandatory compliance); follows order dated 04/12/2023 in W.P. No. 5984/2023 (defendant No.5), relied on in W.P. No. 170/2024 (defendant No.6); Commercial Court directed to take written statements of defendant Nos.2, 3 & 4 on record; petitions disposed.
What did the court decide?
Impugned order below Exh.45 quashed and set aside; learned District Judge – 2 Commercial Court directed to accept and take on record the written statements of defendant Nos.2, 3 & 4 and proceed further in accordance with the law; petitions disposed of in the above terms.