M/S. Devidayal Stainless Steel Industries Private Limited v. M/S. Crompton Greaves Limited

(28)fa-44-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.44/2015 M/s Devidayal Stainless Steel Ind.

Pvt.Ltd.

.... Appellant.

Vs.

M/s Crompton Greaves Ltd.

... Respondents.

Adv.Mr.Yash Jain a/w P. Ranjan I/b M/s Halai & Co. for appellants.

Advocate Ms. Madhavi Tavanandi for respondents.

CORAM

: K.K.TATED, J.

DATED : JULY 12 , 2019.

P.C.

Heard learned counsel for parties.

By this first appeal, appellant is challenging judgment and decree dated 3.5.2014 passed by learned Bombay City Civil Court, Bombay in S.C. Suit no.8899/1992 (High Court Suit No.2529/1992) dismissing plaintiff's suit for direction to defendant to deliver to plaintiff 98.120 metric tons of electrical steel sheets of grade M-47-CO or in alternate to pay an amount of Rs.26,71,798.18/- with interest @ 18% p.a. Chitra Sonawane 1

3.

Considering the submissions made by learned advocate for appellant and impugned judgment and decree, I am satisfied that appellant has made out a case for following order.

a)Admit b)Printing dispensed with.

c)The Appellant is directed to file private paper book within one year from today, with copy to other side failing which the First Appeal shall stand dismissed without further reference to the court.

d) Registry is directed to call record and proceeding immediately .

e) Liberty granted to respondent to file additional compilation of documents in the Registry, with copy to other side.

f) Advocate Ms Madhavi Tavanandi waives service for respondent.

(K.K.TATED, J.) Chitra Sonawane 2

Chitra Sonawane 3