Royal Cushion Vinyl Products Ltd. vs Ing Deutschland GmbH — Bombay HC (2026) — LawSathi Research

Royal Cushion Vinyl Products Ltd. vs Ing Deutschland GmbH — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief: Appeal No. 146 of 2024 disposed of as withdrawn with no order as to costs; Appellant's contentions on merits and maintainability of the Company Petition kept open before the learned Single Judge; Respondent's undertaking to pay Rs. 50,000 costs within one week accepted; Additional Affidavit time extended by one week with liberty to file a counter within four weeks; Interim Application No. 3718 of 2024 disposed as nothing survived.

Issue for consideration

Whether the Appellant's contentions on the merits of, and on the maintainability of, Company Petition No. 397 of 2000 are sustainable - expressly kept open to be agitated before the learned Single Judge (not decided by this Court).

Court's answer

All contentions of the Appellant on the merits of, and on the maintainability of, the Company Petition are expressly kept open, to be agitated before the learned Single Judge.

Ratio / Principle

Acting on the Appellant's Senior Counsel's statement that he had instructions to withdraw, the Appeal was disposed of as withdrawn and no order as to costs was passed.

Key takeaways

The Court accepted, as an undertaking given to the Court, the Respondent's counsel's statement (on instructions) that the costs of Rs. 50,000 directed by the impugned order would be paid within one week from that day.ratio¶¶28
The time to file the Additional Affidavit in terms of the Order dated 12th September, 2018 was extended by one week from the date of this order.ratio¶¶29
The further Affidavit having already been served on the Appellant's Advocate, the Appellant was left free to file any counter to it within four weeks from the date of this order.

Detailed headnote1 paragraphs

Bench of B. P. Colabawalla and Firdosh P. Pooniwalla, JJ., High Court of Judicature at Bombay (OOCJ), by order dated 20 January 2026, disposed of Appeal No. 146 of 2024 (in Interim Application No. 33 of 2019 in Company Petition No. 397 of 2000) as withdrawn, acting on the Appellant's Senior Counsel (Mr. Nitin Thakker)'s statement that he had instructions to withdraw; no order as to costs. All of the Appellant's contentions on the merits of, and on the maintainability of, the Company Petition - which had been restored pursuant to the impugned Order - were expressly kept open to be agitated before the learned Single Judge. The Court accepted, as an undertaking given to the Court, the Respondent's counsel's statement that the Rs. 50,000/- costs directed by the impugned Order would be paid within one week. The time to file the Additional Affidavit in terms of the Order dated 12th September, 2018 was extended by one week; the further Affidavit having already been served, the Appellant was left free to file any counter within four weeks. In light of the disposal of the Appeal, nothing survived in Interim Application No. 3718 of 2024, which was also disposed of accordingly.

1-app-146-2024.doc

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

APPEAL NO.146 OF 2024

IN

INTERIM APPLICATION NO.33 OF 2019

IN

COMPANY PETITION NO.397 OF 2000

Digitally signed by SMITA SMITA RAJNIKANT RAJNIKANT JOSHI JOSHI Date:2026.01.21 11:30:55 +0530

WITH

INTERIM APPLICATION NO.3718 OF 2024

IN

APPEAL NO.146 OF 2024

Royal Cushion Vinyl Products Ltd., .. Appellant.

Versus

ING Deutschland GmbH .. Respondent.

Mr. Nitin Thakker, Sr. Advocate with Adv. Zulfiqar Jariwala and Adv. Sakshi Jain, Advocate for the Appellant.

Mr. Aaditya Mapara i/b. Dhruve Liladhar & Co., for the Respondent.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JANUARY 20, 2026

P. C.

1 Mr. Thakker, the learned Senior Counsel appearing on behalf of

the Appellant, stated that he has instructions to withdraw the above Appeal.

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1-app-146-2024.doc

He however stated that all contentions on merits in the Company Petition, which has now been restored pursuant to the impugned Order, be kept open to be agitated before the learned Single Judge.

2 Considering the aforesaid statement, the above Appeal is disposed of as withdrawn. No order as to costs.

3 All contentions of the Appellant on merits as well as on the maintainability of the above Company Petition are expressly kept open, to be agitated before the learned Single Judge.

4 We must mention that the impugned order also directed the Respondent herein to pay costs of Rs.50,000/- (Rupees Fifty Thousand) to the Appellant. The learned Counsel appearing on behalf of the Respondent herein, on instructions, has stated that the costs shall be paid within a period of one week from today. The said statement is accepted as an undertaking given to the Court.

5 Further, the time to file the Additional Affidavit in terms of the Order dated 12^th September, 2018 is also extended by a period of one week from today.

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1-app-146-2024.doc

6 We are informed that this further Affidavit has already been served on the Advocate for the Appellant. If the Appellant wants to file any counter to the aforesaid Affidavit, it is free to do so within a period of four weeks from today.

7 In light of the disposal of the above Appeal, nothing survives in the above Interim Application and the same is also disposed of accordingly.

8 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

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