Encore Natural Polymers Pvt. Ltd vs Anand Rathi Commodities Ltd on 14 December, 2018

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Bombay High Court

Encore Natural Polymers Pvt. Ltd vs Anand Rathi Commodities Ltd on 14 December, 2018

Bench: G.S. Patel

                                                                    908-SJ4-18.DOC




 Atul


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
            SUMMONS FOR JUDGMENT NO. 4 OF 2018
                                        IN
              COMM SUMMARY SUIT NO. 808 OF 2017


 Encore Natural Polymers Pvt Ltd                                        ...Plaintif
      Versus
 Anand Rathi Commodities Ltd                                         ...Defendant


 Mr Shyam Kapadia, i/b Dastur Kalambi & Associates, for the
      Plaintiff.
 Mr Pratik Sakseria, i/b Shardul Amarchand Mangaldas & Co., for
      the Defendant.


                               CORAM:      G.S. PATEL, J
                               DATED:      14th December 2018
 PC:-


 1.

The present Plaintif filed Company Petition No. 192 of 2016 against the Defendant company in regard to the same transactions. A conditional order of deposit was made. The Defendant deposited an amount of Rs. 1,45,79,032/- by an instrument dated 22nd November 2018. There is a certificate showing the deposit made. That amount has been invested and I am informed that lies to the credit of this suit.

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2. On instructions taken in Court. Mr Kapadia for the Plaintif does not press for a summary judgment bur requests that an accelerated time-frame or schedule be set for filing of written statement, framing of issues and if possible for trial.

3. Mr Sakseria has no objection and can have no objection to this.

4. The Summons for Judgment is disposed of accordingly. The Plaintif's claim is fully secured.

5. The written statement of the sole Defendant will be filed and served on or before 18th January 2019 with no possibility of an extension. I am making it clear that if the written statement is not filed by that date, the Plaintif will be immediately entitled to a decree and withdrawal of the amount deposited.

6. Upon the written statement being filed, the suit will be set down for framing issues on 25th January 2019 high on board and further directions will then be issued for filing evidence affidavit and documents.

7. While disposing of the matter at this stage I may note that the suit is filed in the commercial division under the Commercial Courts Act 2015 and that automatically entitles the Plaintif to priority in disposal and in taking evidence.

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Bombay High Court