Bombay High Court
Tvs Electronics Ltd vs Atlantis Enterprises And Anr on 4 March, 2021
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 3953 OF 2021
IN
COMMERCIAL SUIT (L) NO. 3952 OF 2021
TVS Electronics Ltd. ... Applicant
vs.
Atlantis Enterprises and Anr ... Respondents
Mr. Karl Tamboly a/w. Mr. Vishesh Malviya, Mr. Aman Kacheria and Mr.
Tejas Popat i/b. Rashmikant and Partners for the Applicant/Plaintiff.
Mr. Sahil Mahajan for Defendant no. 1.
CORAM : A. K. MENON, J.
DATED : 4th MARCH, 2021 P.C. :
1. In the suit the plaintiff seeks a decree against defendant no. 3 in a sum of Rs. 1,26,31,574.32 The amount is claimed towards price of 489 Dot Matrix printers supplied by the plaintiff to defendant no. 2 through defendant no. 1.
2. In the interim application the applicant seeks a direction against defendant no. 1 to pay to the applicants the suit claim or furnish security to the extent of the suit claim. In the alternative it seeks a direction to defendant no. 2 to furnish security of Rs. 51,35,478/- in part satisfaction of the Digitally signed by Rajeshwari plaintiffs claim and security of Rs. 74,96,096/- from defendant no. 1 being Rajeshwari R. Pillai R. Pillai Date:
2021.03.05 11:11:46 +0530 1/2 16-IAL-3953-2021-COMSL-3952-2021.odt rrpillai balance then payable after adjustment of security, if any, provided by defendant no. 2. This makes up a total of the suit claim.
3. At the hearing of this application today Mr. Mahajan on behalf of defendant no. 1 firstly seeks extension of time to file his reply. He further submits that the matter is likely to be worked out. In the meanwhile defendant no. 1 has paid Rs. 16 lakhs to be adjusted towards suit claim which the plaintiffs today confirm they are appropriating towards principal sum claimed in the suit.
4. As far as the balance is concerned Mr. Mahajan seeks time. Meanwhile he submits that defendant no. 1 will not collect any further monies under purchase order no. AE/20-21/107/SR-RP/2020 dated 10 th July, 2020 at Exhibit G to the plaint. In the circumstances I pass the following order :
(i) Issue notice to defendant no. 2 returnable after four weeks.
(ii) Liberty to apply after notice to defendant no. 2.
(iii) Defendant no. 2 to file affidavit in reply within four weeks upon notice being served upon them. In the meantime defendant no. 2 is directed not to pay any further monies under purchase order no. AE/20-21/107/SR-RP/2020 dated 10th July, 2020 at Exhibit G to the plaint.
(A.K.MENON, J.) 2/2 16-IAL-3953-2021-COMSL-3952-2021.odt rrpillai