Virtual Veda Private Limited v. Solution Line Softech Private Limited

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3491 OF 2024 Virtual Veda Private Limited Petitioner / Original Defendant.

Versus

Solution Line Softtech Private Limited ..

Respondent/ Original Plaintiff.

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 Mr. Devendra Chauhan a/w. Mr. Nichay Jadhav, Ms. Nidhi Chauhan i./by D & C. Legal, Advocates for Petitioner. ..

 Mr. S. C. Wakankar, Advocate for Respondent.

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CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 12, 2024 P.C.

:

1.

Mentioned out of turn.

2.

Heard Mr. Chauhan, learned Advocate for Petitioner and Mr. Wakankar, learned Advocate for Respondent at length. 3.

Without delineating and expressing my opinion on merits of the matter, the impugned order dated 28.11.2023 passed below Exhibit-21 in Special Summary Suit No.253 of 2018 is sustained save and except the deposit amount of Rs.20,00,000/- as appearing in paragraph No.8 and operative clause No.1 of the said order shall stand changed and substituted by amount Rs.15,00,000/-. Mr. Chauhan agrees to the same. Mr. Wakankar also graciously agrees. 4.

Needless to state that time to deposit the amount of

Rs.15,00,000/- shall stand extended for a further period of four weeks from today.

5.

I have clarified that I have not opined on any merits of the matter which have been considered by the learned Trial Court while passing order dated 28.11.2023.

6.

In that view of the matter, Special Summary Suit No.253 of 2018 shall proceed strictly in accordance with law and learned Trial Court shall not be influenced by any observations and findings passed below Exhibit-21 in Special Summary Suit No.253 of 2018 since these observations are prima facie in nature.

7.

All contentions of both the parties are expressly kept open including any substantive evidence which Defendant will lead in rebuttal to the evidence led by the Plaintiff. 8.

In view of the fact that Special Summary Suit No.253 of 2018 has been filed in the year 2018, learned Trial Court is directed to dispose of the sadi Special Summary Suit No.253 of 2018 as expeditiously as possible and in any event within a period of six months from today.

9.

Parties are directed not to take any unnecessary adjournments and adjournments shall be granted only if there is any emergency and exigency and only at the discretion of the learned Trial

Court.

10.

With the above directions, Writ Petition is allowed and disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2024.04.15 15:37:47 +0530 HARSHADA HANUMANT SAWANT