M/S. Trimos Metrology (I) Private Limited Thr. Mr. Vivit Vikram Dalal vs Trimos Sa Thr. Poa.Mr. Natarajan Ramaswamy Iyer — Bombay HC (2026) — LawSathi Research

M/S. Trimos Metrology (I) Private Limited Thr. Mr. Vivit Vikram Dalal vs Trimos Sa Thr. Poa.Mr. Natarajan Ramaswamy Iyer — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Order below Exhibit 5 dated 9 January 2024 set aside; Exhibit 5 application to be heard afresh and disposed of by the Trial Court within six weeks of uploading of the Order; liberty to the Plaintiff to apply for joinder of Trimos India Pvt. Ltd. as necessary and/or proper party, such application to be considered preferably within two weeks of filing; all issues including jurisdiction expressly kept open; parties to maintain status quo for the six-week period.

Issue for consideration

Whether the Impugned Order below Exhibit 5 dated 9 January 2024 passed by the Trial Court ought to be set aside. +1 more

Court's answer

The Impugned Order below Exhibit 5 dated 9 January 2024 is set aside.

Ratio / Principle

The Exhibit 5 application shall be heard afresh by the Trial Court.

Key takeaways

The Plaintiff is at liberty to take out an appropriate application for joinder of the joint venture company of the Respondent, namely, Trimos India Pvt. Ltd., on the ground that it is a necessary and/or proper party to the proceedings.ratio¶¶17
Such joinder application, when filed, shall be considered by the Trial Court on its own merits and in accordance with law, preferably within a period of two weeks therefrom.ratio¶¶21

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Advait M. Sethna, JJ.) — Commercial Appeal from Order No. 7 of 2024 with Interim Application No. 7656 of 2024; M/s. Trimos Metrology (i) Private Limited v. Trimos Sa (order dated 12 March 2026). Having heard learned counsel, the parties fairly agreed to an order being passed, whereby the Court set aside the Trial Court's Impugned Order below Exhibit 5 dated 9 January 2024 and directed that the Exhibit 5 application be heard afresh. The Plaintiff was granted liberty to take out an appropriate application for joinder of the Respondent's joint venture company, Trimos India Pvt. Ltd., on the ground that it is a necessary and/or proper party; such application, when filed, was to be considered by the Trial Court on its own merits, preferably within two weeks thereof. The Court expressly kept open all issues, including the Appellant's objection that the Trial Court lacked jurisdiction when the Commercial Suit had been instituted, and made it expressly clear that it had not gone into the merits of the order/disputes between the Plaintiff and Defendants, leaving the Trial Court to determine the same de novo. The Trial Court was directed to hear and dispose of the Exhibit 5 application within six weeks from uploading of the Order, during which period the parties were directed to maintain status quo as of today. The Commercial Appeal from Order and the Interim Application were accordingly disposed of.

Digitally signed by MULEY MULEY SHUBHAMPRAVINRAO SHUBHAM PRAVINRAO Date:2026.03.16 15:18:01 +0530

1 1-IA-7656-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7656 OF 2024 IN

COMMERCIAL APPEAL FROM ORDER NO. 7 OF 2024

M/s. Trimos Metrology (i) Private Limited Thr. Mr. Vivit Vikram Dalal

...Applicant

Versus

Trimos Sa Thr. Poa. Mr. Natarajan Ramaswamy Iyer ...Respondent

WITH COMMERCIAL APPEAL FROM ORDER NO. 7 OF 2024 (NOB)

Mr. Hiren Kamod a/w Prem Khullar, Usha Chandrasekhar, Asmita Shinde, Rajamathangi and Ritik Gupta i/by Suvarna Joshi for the Applicant. Mr. Rashmin Khandekar a/w Anand Mohan i/by Abid Mulani, Ashish Agarkar and Harshada Parbhane for the Respondent.

CORAM : R. I. CHAGLA AND

ADVAIT M. SETHNA, JJ.

DATED : 12TH MARCH, 2026

P.C.:-

Having heard the learned counsel for the parties for some time, they fairly agree to the following order being passed:-

The Impugned Order below Exhibit 5 dated 9 January 2024 is set aside.

The Exhibit 5 application shall be heard afresh by the Trial Court, prior to which the Plaintiff is at liberty to take out an appropriate application for joinder of the joint venture company of the Respondent, namely, Trimos India Pvt. Ltd. on the ground that it is a necessary and/or a

1/2

Shubham

2 1-IA-7656-2024.doc

proper party to the proceedings. Such Application when filed shall be considered by the Trial Court on its own merits and in accordance with law, preferably within a period of two weeks therefrom.

We make it expressly clear that all issues including the issue of jurisdiction raised herein are expressly kept open before the Trial Court including the issue raised by the Appellant, of the Trial Court not having jurisdiction when the Commercial Suit had been instituted. We make it expressly clear that we have not gone into the merits of the order/disputes between the Plaintiff and Defendants and leave it to the Trial Court to determine the same de novo on its own merits and in accordance with law.

The Application below Exhibit 5 shall be heard and disposed of by the Trial Court within a period of six weeks from the date of uploading of this Order.

In view of the Impugned Order below Exhibit 5 having been passed on 9 January 2024, and has now been set aside by this order, for the stipulated period of six weeks i.e. the period within which the Trial Court shall dispose of the application under Exhibit 5, the parties shall maintain status quo, as of today.

The Commercial Appeal from Order and the Interim Application are accordingly disposed of.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.]

2/2

Shubham