Indiana Gratings Pvt Ltd And ANR v. Koyna Power Ltd. And 23 ORS.

21.nmcd.7.14.coms.7.2005.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION IN COMMERCIAL DIVISION MATTERS NO. 7 OF 2014 IN COMMERCIAL SUIT NO. 7 OF 2005 Indiana Gratings Pvt Ltd And Anr.

...Applicants In the matter between :

Indiana Gratings Pvt Ltd And Anr.

...Plaintiffs

Versus

Koyna Power Ltd. And 23 Ors.

...Defendants And AB Weldtech Electrograting Systems Private Limited & Ors.

.. Respondents Mr.Amit Jamsandekar a/w. Mr.Mitesh Naik i/b M/s. Dhru and Co. for plaintiff/applicant.

Mr.Anoshak Daver a/w. Mr.Ashok Dhanuka and Ms.Ramola Dhowmik i/b Ashok Dhanuka for defendant No.4.

Ms.Saveena Tejpal Bedi for defendant Nos.7 and 8. CORAM : K.R.SHRIRAM, J.

DATE : 22ND JUNE, 2017 P.C.

The main grievance is against defendant no.5. Mr.Jamsandekar for the applicant/plaintiff has taken the Court though the affidavit in support and submitted that defendant no.5 continues to violate the orders of this Court. Shraddha Talekar PS 1/2

21.nmcd.7.14.coms.7.2005.doc Defendant no.5 has filed an affidavit in reply saying that he is not violating the Court's order and he is designing and drawing himself because of his experience and in any event he has got a fundamental right to carry on business or trade.

In a motion of this nature, it will not be possible for the Court to conclude as to whether defendant on.5 is continuing to violate or not. In the circumstances, the notice of motion dismissed. Mr.Jamsandekar states that the plaintiff has already filed affidavit in lieu of examination in chief of the first witness together with compilation of documents. Mr.Jamsandekar states that within one week, they will also file their list of witnesses.

The suit be listed on 17th July 2017 for marking of documents/receiving evidence at which time, the plaintiff's first witness shall remain present in Court.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2