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Bombay High Court

Waxform (Opc) Pvt.Ltd vs Creminds Software And Solutions And Anr on 12 June, 2024

          Digitally
          signed by
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2024.06.13
          10:13:59                                           1                       18-CARAP 236-21.doc
          +0530




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


                                     COMMERCIAL ARBITRATION APPLICATION NO.236 OF 2021


                       Waxform (OPC) Pvt. Ltd.                               ... Applicant
                                V/s.
                       Creminds Software & Solutions
                       & Anr.                                                ... Respondents
                                                                 -----
                       Mr. Kyle Curry i/by Vashi & Vashi for the Applicant.


                       Ms. Rukmini Khairnar for the Respondents.
                                                                 -----


                                                          CORAM :            ARIF S. DOCTOR, J.
                                                          DATE           :   12TH JUNE 2024
                       P.C. :


1. After the matter was argued at some length, the Learned Counsel appearing on behalf of the Applicant sought time to file a Rejoinder to the Affidavit in Reply.

2. The stand taken by the Respondents in the Affidavit in Reply is essentially that the Agreement, based on which the Arbitration has been invoked, was a backdated Agreement, which was entered into after the entire Mugdha 1 of 2 ::: Uploaded on - 13/06/2024 ::: Downloaded on - 13/06/2024 16:35:48 ::: 2 18-CARAP 236-21.doc transaction between the parties had infact come to an end and all payments made by the Applicant to the Respondents had been duly discharged. It is the contention of the Learned Counsel for the Respondents that nothing remained in the matter when the said Agreement was allegedly executed. It is for this reason that the Learned Counsel for the Applicant seeks time to file a Rejoinder.

3. Apart from this, it is noticed that the amount in dispute is stated to be Rs.10,00,000/- and thus it is hoped that parties to make an attempt to amicably resolve the issue amongst themselves with the assistance of their Advocates.

4. Stand over to 26th June 2024.




                                                             (ARIF S. DOCTOR, J.)




      Mugdha                                                                              2 of 2



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