M/S. Rajendra Gears, Thr. Partner Mr. Puneet Singh v. M/S. Sparkonix (India) Pvt. Ltd.

28.cra.236.22.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL REVISION APPLICATION NO. 236 OF 2022 WITH INTERIM APPLICATION NO. 3495 of 2022 M/s. Rajendra Gears A Partnership Firm through its partner Mr. Puneet Singh ..Applicant

Versus

M/s. Sparkonix (India) Pvt. Ltd.

..Respondent ....................

 Mr. Deepak Nagar a/w. Mr. Shreyas Shrivastava, Mr. Yogesh Devnani and Mr. Tanmay Bidkar i/by Shreyas Shrivastava, Advocates for Applicant.

 Mr. Prafulla S. Paranjape, Advocate for Respondent. ...................

CORAM :MILIND N. JADHAV, J.

DATE :FEBRUARY 14, 2023.

P.C.:

1.

Heard Mr. Nagar, learned Advocate for Applicant and Mr. Paranjape, learned Advocate for Respondent.

2.

The order impugned in the present Civil Revision Application is passed below Exhibit-1 dated 27.11.2021 by the learned Trial Court.

3.

Mr. Nagar would submit that the directions contained in the operative part of the said order, inter alia, calls upon the Applicant to deposit the amount of Rs.27,00,000/-.

4.

Be that as it may, after taking instructions and after hearing both the parties, the learned Advocate Mr. Nagar has submitted that the Applicant shall be ready and willing to pay the amount of

28.cra.236.22.doc Rs.20,00,000/- within a period of four weeks from today. 5.

In view of the statement made by Mr. Nagar, the amount of Rs.27,00,000/- appearing in the operative part of the order dated 27.11.2021 shall stand substituted with the amount of Rs.20,00,000/- which shall be deposited by the Applicant before the learned Trial Court within a period of four weeks from today. The rest of the order shall remain as it is.

6.

Both the learned Advocates have urged the Court to pass directions to expedite the suit before the learned Trial Court. Learned Trial Court is requested by this Court to dispose of the suit within a period of 6 months from the date of deposit the amount of Rs.20,00,000/- by the Applicant. Needless to state that the Trial Court shall not be influenced by any of the findings in the impugned order passed below Exhibit-1.

7.

With the above directions, Civil Revision Application is disposed.

8.

In view of disposal of the Civil Revision Application, pending Interim Application No.3495 of 2022 does not survive and is accordingly disposed.

[ MILIND N. JADHAV, J. ] AJAY TRAMBAK UGALMUGALE Date: 2023.02.16 15:21:02 +0530 AJAY TRAMBAK UGALMUGALE