Bombay High Court
Novex Communications Pvt Ltd vs Goan Recreation Clubs Pvt Ltd on 16 August, 2021
Author: C. V. Bhadang
Bench: Nitin Jamdar, C. V. Bhadang
skn 1 3-COMAP(L)-10869.2021---1.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL APPEAL (L) NO. 10869 OF 2021
WITH
INTERIM APPLICATION (L) NO. 10877 OF 2021
Novex Communications Private Limited. ... Appellant.
V/s.
Oxford Golf and Resorts Private Limited
and another. ... Respondents.
WITH
COMMERCIAL APPEAL (L) NO. 10858 OF 2021
WITH
INTERIM APPLICATION (L) NO. 10860 OF 2021
Novex Communications Private Limited. ... Appellant.
V/s.
Trade Wings Hotels Limited. ... Respondent.
WITH
Digitally
COMMERCIAL APPEAL (L) NO. 10868 OF 2021
WITH
signed by
SANJAY
SANJAY KASHINATH
KASHINATH NANOSKAR
NANOSKAR Date:
2021.08.21
INTERIM APPLICATION (L) NO. 10871 OF 2021
11:42:35
+0530
Novex Communications Private Limited. ... Appellant.
V/s.
Goan Recreation Clubs Private Limited. ... Respondents.
Mr.Rashmin Khandekar with Mr.Kunal Parekh i/b. Dua Associates
for the Appellant.
Mr.V.R.Kasle for Respondent No.1 in COMAPL-10869/2021.
Mr.Hormuz Mehta with Mr.Jash Sham i/b. J.Sagar Associates
for Respondent No.2 in COMAPL-10869/2021.
skn 2 3-COMAP(L)-10869.2021---1.doc
CORAM : NITIN JAMDAR AND
C. V. BHADANG, JJ.
DATE : 18 August 2021.
P.C. :
Heard the learned counsel for the parties.
2. The appeal challenges a common order passed by the learned Single Judge in Interim Application (L) No.5368/2021 in Commercial I.P. Suit No.5362/2021, Interim Application (L) No.5417/2021 in Commercial I.P. Suit No.5412/2021 and Interim Application (L) No.5880/2021 in Commercial I.P. Suit No.5874/2021 filed by the Appellant/Plaintiff.
3. The impugned order states that there is no urgency in any of the matters, then it directs the parties to file reply and rejoinder. Thereafter it notes that there are several suits filed by the Plaintiff involving the same question of law, some may pertain to the assignment of the learned Single Judge, and others may not. Therefore, liberty is given to club the matters together to schedule a date of hearing.
4. After this order was passed on 22 March 2021, these appeals, which were filed on 28 April 2021, are circulated and taken up for hearing in August 2021. No application for clubbing the suits has been filed.
skn 3 3-COMAP(L)-10869.2021---1.doc
5. The learned counsel for the Appellant submits that the order directing clubbing of suits is incorrect. A direction seems to have been passed because some of the motions would be within the current Sitting Assignment of the learned Single Judge, and others are of earlier years. These observation and liberty are not appealable under section 13 of the Commercial Courts Act, 2015. Regarding the contention of the learned counsel for the Appellant that the impugned order rejects ad-interim relief, we do not find any such express rejection. There appears to be no argument that pending clubbing of the suits ad-interim order in these three motions be considered. Furthermore, when the order was passed on 22 March 2021 on the ground that there was no urgency, the appeals were moved in August 2021. However, since there is no rejection per se of any ad-interim relief as discernible from the impugned order, it is not necessary for us to interfere. It is always open to the Appellant to apply to the learned Single Judge for ad-interim relief while the suits are in the process of being clubbed and it if for the learned judge to consider the request, or if the Appellant is aggrieved by the direction to club the suits, take the challenge higher.
6. In view of the aforesaid position, no orders in these appeals are necessary to be passed. Appeals are accordingly disposed of.
7. In view of disposal of appeals, interim applications do not survive and stand disposed of accordingly.
(C.V. BHADANG, J.) (NITIN JAMDAR, J.)