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Bombay High Court

The State Trading Corporation Of India ... vs M/S. Space Mercantile Compay Pvt. Ltd ... on 16 October, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                        38-COMSS-61-2012.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 ORDINARY ORIGINAL CIVIL JURISDICTION

                COMMERCIAL SUMMARY SUIT NO.61 OF 2012

THE STATE TRADING CORPORATION OF                     )
INDIA LIMITED                                        )...PLAINTIFF

         V/s.

M/S. SPACE MERCANTILE COMPANY PVT.                   )
LTD. THROUGH OFFICIAL LIQUIDATOR,                    )
HIGH COURT, BOMBAY AND OTHERS                        )...DEFENDANTS

Ms.L.M.Jonkins, Advocate for the Plaintiff.
Mr.Manish Bohra i/by A.S.Khan & Associates, Advocate for the
Defendant No.2.

                                   CORAM       :     ABHAY AHUJA, J.
                            DATE         :     16th OCTOBER 2023

P.C. :


1. On 9th October 2023, the following order was passed :

"1. None for the parties.

2. List on 16th October, 2023."

2. Today, both, the Counsel for the Plaintiff and the Defendant no.2 appear in the matter.

3. Ms.Jonkins, learned Counsel appears for the Plaintiff and seeks some time to file Vakalatnama in the matter stating that the earlier avk 1/2 38-COMSS-61-2012.doc Advocate no longer represents the State Trading Corporation. Learned Counsel also submits that since she does not have any papers and proceedings, this Court permit her to obtain copies of the papers and proceedings from the record of this Court.

4. Let an appropriate application for certified copy be made with respect to the papers and proceedings in the matter and certified copy be obtained from the Registry.

5. Mr.Manish Bohra appears for the Defendant no.2 and submits that decree has already been passed in favour of the Defendant no.1. Learned Counsel also submits that he has been made party only as an Ex-Director and he is not a personal guarantor in the matter. He also submits that the stage of the proceedings is for framing of issues.

6. Be that as it may, list this matter for framing of issues on 8th November 2023.

7. Let draft of the issues to be framed be furnished by the parties.

(ABHAY AHUJA, J.) avk 2/2 Signed by: Mrs.Arti V. Khatate Designation: PS To Honourable Judge Date: 16/10/2023 20:20:06