Bombay High Court
Carnet Elias Fernandes And Everlyn C. ... vs Aditya Birla Finance Ltd on 27 November, 2018
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
Pvr 1 9carbp428-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION NO.428 OF 2017
1.Mr.Carnet Elias Fernandes & Anr. ...Petitioners
vs
Aditya Birla Finance Limited. ...Respondent
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Ms.Sania Sunil, for the Petitioners.
Mr.Bhavik Manek with Nakul Mehta I/b. KMC Legal Venture, for
Respondent.
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CORAM : G.S.KULKARNI, J.
DATED: 27th November,2018
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P.C.:-
1. The record of the earlier orders indicates that time and again the matter was mentioned and adjourned. Today when the matter is called out, again a request for adjournment is made on the ground that the Counsel is required to be appointed to argue the matter. Such a request is not acceptable considering that the matter is pending for quite some time. The respondent who is represented by Counsel Mr.Bhavik Manek, is ready to argue the matter and in fact would submit that the Court should take up the matter and has opposed the adjournment application. The learned Counsel for the petitioners is fair enough to say that the petitioners are willing to pay cost for this adjournment to the respondent with an ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 09:18:40 ::: Pvr 2 9carbp428-17.doc understanding that on the adjourned date of hearing the petitioners would proceed with the hearing of the petition.
2. As a last chance, the petition is stood over to 10 December 2018, however with a cost of Rs.25,000/- (Rupees Twenty Five thousand only) to be paid by the petitioners to the respondent on or before the adjourned date of hearing. Payment of cost is condition precedent.
3. The learned Counsel for the petitioners also assures that a brief summary of the claims and the findings in the award and the petitioner's submissions in statement form would be kept ready on the adjourned date of hearing.
(G.S.KULKARNI, J) ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 09:18:40 :::