Apar Industries Limited vs Export Import Bank Of India on 20 January, 2023

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Bombay High Court

Apar Industries Limited vs Export Import Bank Of India on 20 January, 2023

Bench: R.I. Chagla

                                                                          1-IAL-224-23.doc

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

                         COMMERCIAL SUIT (L) NO. 222 OF 2023
                                             WITH
                      INTERIM APPLICATION (L) NO. 224 OF 2023
      Apar Industries Ltd.                                        ...Applicant/
                                                                  Plaintiff

                Versus

      Export Import Bank of India & Anr                           ...Defendants
                                    ----------
      Mr. Mustafa Doctor, Senior Counsel, Mr. Jehangir Jejeebhoy, Mr.
      Areez Gazdar and Ms. Juhi Bahirwani i/b. Veritas Legal for the
      Applicant / Plaintiff.
      Ms. Manaswi Agrawal, Mr. Mahesh Dube i/b. Meraki Chambers for
      Defendant No.1 - EXIM Bank.
      Ms. Madhura Kulkarni i/by Juris Corp for the Defendant No. 2.
                                             ----------

                                             CORAM : R.I. CHAGLA J
                                              DATE : 20 January 2023
      ORDER :

1. Learned Senior Counsel appearing for the Applicant/Plaintiff has sought leave to withdraw the Commercial Suit No. 222 of 2023, in view of Structured Financial Messaging System ("SFMS") dated 19th January 2023 sent by the Defendant No. 2 to Defendant No. 1, informing Defendant No. 1 that the beneficiary has withdrawn demand of payment under the subject Bank Guarantee. 1/2 ::: Uploaded on - 30/01/2023 ::: Downloaded on - 30/05/2023 16:28:19 :::

1-IAL-224-23.doc

2. Defendant No. 2 has accordingly, withdrawn demand for payment to be made by Defendant No. 1 under the counter Guarantee. The SFMS dated 19th January 2023 is tendered and taken on record and marked "X" for identification. Defendant No. 1 confirms having received the SFMS.

3. In view of SFMS marked X, the Commercial Suit (L) No. 222 of 2023 is disposed of as withdrawn.

4. Interim Application filed therein does not survive and accordingly, disposed of.

5. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

[R.I. CHAGLA J.] 2/2 ::: Uploaded on - 30/01/2023 ::: Downloaded on - 30/05/2023 16:28:19 :::

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Bombay High Court