Bombay High Court
Parle Agro Private Limited vs Sig Combibloc Ltd on 4 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
13.IAL.5571.2026+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.5571 OF 2026
IN
COMMERCIAL SUIT (L)5535 OF 2026
Parle Agro Private Limited Applicant
.. (Orig. Plaintiff)
IN THE MATTER BETWEEN:
Parle Agro Private Limited .. Plaintiff
Versus
SIG Combibloc Ltd. and Anr. .. Defendants
....................
Mr. Veerandra Tulzapurkar, Senior Advocate a/w. Mr. Rashmin
Khandekar, Mr. Rajendra Barot, Mr. Asadulla Thangal, Mr.
Dhirajkumar Totala, Ms. Trisha Sarkar, Mr. Aksh Jain, Advocates
i/by A2B Partners for Applicant / Orig. Plaintiff.
Mr. Venkateshwar Dhond, Senior Advocate a/w. Ms. Anuradha
Mukherjee, Mr. Aviral Sahai, Mr. Soumya Dasgupta, Ms. Palak
Singh and Ms. Aanya Anvesha, Advocates i/b Cyril Amarchand
Mangaldas for Defendants.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 04, 2026
P.C.:
1. Heard Mr. Tulzapurkar, learned Senior Advocate for Applicant / Orig. Plaintiff and Mr. Dhond, learned Senior Advocate for Defendants.
2. Affidavit-in-Reply has been filed by Defendants.
3. Prima facie, there are genuine reasons which are narrated by Defendant No.1 which is has led to the delay.
4. Be that as it may, delay is tried to be obviated by virtue of foresight and chart given by Defendant for next following several 1 of 2 ::: Uploaded on - 04/03/2026 ::: Downloaded on - 04/03/2026 20:35:58 :::
13.IAL.5571.2026+.doc weeks. However case of Plaintiff still remains that the supply would be inadequate in terms of contract between the parties.
5. There is also grievance expressed that supplies are received from Defendants on penultimate or last day of the week by the Plaintiff. In so far as this issue is concerned, one needs to understand that Defendant has committed to the supplies to be given to Plaintiff on weekly basis. Supplies are in millions of carton of subject fruit drink.
6. Though it may case of Plaintiff that supplies are inadequate according to the contract between the parties in so far as Defendant is concerned, Defendants' case is that there is no concluded contract as yet until the purchase orders are accepted by Defendants. Requirement of Plaintiff is already placed with Defendants. Mr. Dhond would inform the Court that purchase orders have been placed only for the first week to begin with which fact is refuted by Mr. Tulzapurkar. In that case, Plaintiff shall take appropriate instructions and see that the purchase orders for following week are also placed and accordingly apprise the Court on next adjourned date.
7. Stand over to 12th March 2026 first on board. To be placed under the caption 'For Directions'.
H. H. SAWANT [ MILIND N. JADHAV, J. ] Digitally signed by HARSHADA HARSHADA HANUMANT 2 of 2 HANUMANT SAWANT SAWANT Date: 2026.03.04 18:21:20 +0530 ::: Uploaded on - 04/03/2026 ::: Downloaded on - 04/03/2026 20:35:58 :::