Isinox Limited (Formerly Known As Isinox Steels Ltd.) v. Sikkim Ferro Alloys Limited
904-CHOL-612-2019.DOC jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER ORDER NO.612 OF 2019 IN COMMERCIAL SUIT (L) NO. 1725 OF 2018 ISINOX Ltd.
... Applicant In the matter between ISINOX Ltd.
... Plaintiff V/s.
Sikkim Ferro Alloys Ltd.
... Defendant Ms. Minal Chandnani with Ashish Gupta i/b. Lexim Associates for Applicant / Plaintiff.
CORAM:
R. I. CHAGLA, J.
DATE:
1ST OCTOBER, 2019 PC:- 1.
The Chamber Order has been taken out for setting aside the order dated 26th April, 2019 which had been passed under Rule 986 of the High Court Original Side Rules on account of nonremoval of office objections and for restoration of the Commercial Suit to file. A further direction is sought by the Applicant to remove the office objections within period of two weeks from today, failing which Commercial Suit shall dismissed. The reason given in the Affidavit in Support of the Chamber Order is that the caption Suit was listed on 20th March, 2019 on which date time was sought for removal of office objection and which time was extended till 25th 1/2
904-CHOL-612-2019.DOC April, 2019. Thereafter, the Applicants were in process of collating necessary documents and due to the critical illness of one of the Applicant's Chairman and promoter followed by his death requisite details could not be provided and therefore, necessary steps could not be taken. Accordingly, this Chamber Order has been taken out.
2.
Considering that the Commercial Suit had been dismissed on account of non-removal of office objections under Rule 986 of the High Court Original Side Rules and that the applicants were unable to remove office objections in time for the reasons stated in the said Affidavit in the interest of justice, the Chamber Order is made absolute by setting aside the order dated 26th April, 2019 subject to the applicant removing the office objections within one week from the date of this Order failing which Commercial Suit shall stand dismissed.
( R I. CHAGLA, J. ) 2/2