Heena Metals Pvt. Limited vs Basant Global Trade Pvt. Ltd. And Mundra ... on 14 February, 2020

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Bombay High Court

Heena Metals Pvt. Limited vs Basant Global Trade Pvt. Ltd. And Mundra ... on 14 February, 2020

Bench: N.J. Jamadar

1/2                                                       12-comss-688-2018==.doc


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

                             IN ITS COMMERCIAL DIVISION

                 COMMERCIAL SUMMARY SUIT NO. 688 OF 2018
                                  WITH
                 CHAMBER SUMMONS (LODG.) NO. 923 OF 2019
                              ALONG WITH
                    INTERIM APPLICATION NO. 1 OF 2019
                                   IN
                 COMMERCIAL SUMMARY SUIT NO. 688 OF 2018

Heena Metals Private Limited                       .. Plaintiff
     Vs.
Basant Global Trade Private Limited                .. Defendant

Mr. Rashid Khan i/b M/s. Sumi Soman for plaintiff.

Ms. Heena Shaikh M.V. Kini & Co. for defendant.

Mr.Jitendra B. Mishra for respondent No.2 in CHSCDL/923/2019.


                                         CORAM : N.J. JAMADAR, J.

                                         DATE    : 14TH FEBRUARY 2020

P.C.

CHAMBER SUMMONS (LODG.) NO. 923 OF 2019

1. Heard the learned counsel for the applicant.

2. As noted in the order dated 30 th July 2019, the chamber summons is restricted to the relief of production of document at item No. 1 of the Schedule I appended to the chamber summons.





Shraddha Talekar PS




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3. The learned counsel for the respondent No.2 in chamber summons has tendered an affidavit in reply to the chamber summons. The said affidavit in reply is taken on record.

4. The defendant No.1 has also filed an affidavit in reply to the chamber summons. However, the question of custody of the document at Item 1 does not seem to have been specifically addressed in the affidavit in reply.

5. The defendant No.1 is at liberty to file an additional affidavit in reply qua the document at Item No.1 in the Schedule appended to the chamber summons within three weeks.

6. List the Chamber Summons on 13th March 2020.

INTERIM APPLICATION NO. 1 OF 2020 The defendant may file an affidavit in reply to the interim application taken out by the plaintiff for amendment, within a period of three weeks. In the event of default on the part of the defendant to file affidavit in reply, the interim application would proceed on the assumption that the averments therein remain uncontroverted.

List the Interim Application on 13th March 2020.

[ N.J. JAMADAR, J. ] Shraddha Talekar PS ::: Uploaded on - 22/02/2020 ::: Downloaded on - 09/06/2020 15:41:52 :::

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Bombay High Court