Omkar Steel Rolling Mills Pvt. Ltd. v. Prasiddhi Associates And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL CHAMBER SUMMONS NO.119 OF 2017 WITH COMMERCIAL NOTICE OF MOTION NO.513 OF 2017 IN COMMERCIAL SUIT NO.104 OF 2017 Omkar Steel Rolling Mills Pvt. Ltd.

....Plaintiff Vs.

M/s. Prasiddhi Associates and Ors.

....Defendants ---- Mr. Jamshed Ansari for plaintiff and applicant in NMCD/513/2017. Ms. Sonali Sabale a/w. Ms. Sonali Jadhav I/b. Mr. Kamlesh Ghumre for defendant nos.1 to 3 and for applicant in CHSCD/119/2017. ---- CORAM : K.R.SHRIRAM, J.

DATE : 26th NOVEMBER 2018 P.C.:

COMMERCIAL CHAMBER SUMMONS NO.119 OF 2017 Heard the counsel and also considered the affidavit in support. For reasons mentioned therein, chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). Registry to accept the written statement and take the same on record. Ms. Sabale states that the written statement will be lodged in the registry during the course of today.

COMMERCIAL NOTICE OF MOTION NO.513 OF 2017 Mr. Ansari seeks leave to withdraw the notice of motion. Notice of motion dismissed as withdrawn.

Gauri Gaekwad

2/2 25.CHSCD-119-2017.doc COMMERCIAL SUIT NO.104 OF 2017 Pleadings in the suit are completed. Therefore, the following further directions are passed :

(a) parties to file their respective affidavit of documents and serve a copy thereof upon the other side on or before 7th December 2018, 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.;

(b) inspection to be given and statement of admission and denial with reasons for denial to be exchanged by 15th December 2018. 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.

Suit be listed for issues on 19th December 2018 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree.

(K.R. SHRIRAM, J.) Gauri Gaekwad