Bombay High Court
Cma-Cgm Agencies (India) Private ... vs M/S Vhcl Industries Ltd. Through ... on 12 December, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
1 50 COMS 72 - 2017.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN IT'S COMMERCIAL DIVISION
COMMERCIAL SUIT NO. 72 OF 2017
Along with
CHAMBER SUMMONS NO. 130 OF 2017
M/s.APL (India) Private Limited and another ... Plaintiffs
Versus.
M/s.VHCL Industries Limited and another ... Defendants
Mr.Prathamesh Kamat a/w Ms.Debashree Mandpe i/b Ganesh and Co.,
for Plaintiffs.
Mr.Santosh R.Yelve, for Defendant No.1/Applicant in CHSCD No.130 of
2017.
Ms.Rinku Gajria a/w Ms.Raina Gajria and Ms.A.Vyas i/b Gajria and Co.,
for Defendant No.2.
Mr.Vithal M.Dahake, for Defendant No.3.
CORAM : K. R. SHRIRAM, J.
Date : 12th December, 2018.
P.C. :
1. Mr.Kamat states that Plaintiffs have, after the suit was filed Plaintiff No.1 was merged with another Company and Defendant No.1 has been ordered to be wound up. Mr.Kamat also stated that some further facts have come to light which have to be brought on record in the plaint. Counsel appearing for Defendant Nos.2 and 3 has no objection.
2. Counsel appearing for Defendant No.1 states that after Defendant No.1 took out Chamber Summons No.130 of 2017 for ::: Uploaded on - 15/12/2018 ::: Downloaded on - 27/12/2018 05:59:09 :::
2 50 COMS 72 - 2017.doc condoning the delay in filing Written Statement, Defendant No.1 has been ordered to be wound up and he has no instructions from the Liquidator to appear in that matter.
3. At the same time, since only Defendants No.2 has filed Written Statement and Defendant Nos.2 and 3 have no objection and Defendant No.1 also has not filed any Written Statement, considering the nature of amendment sought I am inclined to accept the draft amendment. The draft amendment is taken on record and marked 'X' for identification. Leave to amend the plaint as per the draft tendered granted. Amendment to be carried out and amended plaint to be served within two weeks from today.
4. Written Statement / Additional Written Statement to be filed and copy served by 19th January 2019.
5. Parties to file their respective affidavit of documents and serve a copy thereof upon the other side on or before 28 th January 2019, failing which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement or mentioned in the list of documents annexed to the plaint and/or written statement.
6. Inspection to be given and statement of admission and denial with reasons for denial to be exchanged by 6 th February 2019. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side. If inspection is not given, such party will not be permitted to rely on any document.
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7. Suit be listed on 13th February 2019 for issues on which date on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms.
8. In view of the above, Chamber Summons No.130 of 2017 also stands disposed of.
(K. R. SHRIRAM, J.) ::: Uploaded on - 15/12/2018 ::: Downloaded on - 27/12/2018 05:59:09 :::