Gunnebo Salzgitter Gmbh v. Millennium Maritech And 3 Others
1/2 nms-1694-12(922).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1694 OF 2012 IN SUIT NO.1543 OF 2012 Gunnebo Salzgitter GMBH ..Plaintiff Vs.
Millennium Maritech & Ors ..Defendants Ms. Shraddha Birwadkar a/w Mr. Avinash Belge and Ms. Priyanka Ribeiro I/b RKD Legal Services LLP for Plaintiff/Applicant Mr. Anupam Surve I/b Ashok Singh for Defendants CORAM : K.R.SHRIRAM, J.
DATE : 4th JULY 2019 P.C.:
On 7th August 2012, the court was pleased to grant ad-interim reliefs in terms of prayer clauses (a) to (e), but clarified that prayer clause (b) would be operational upon expiry of 8 weeks. Those 8 weeks have been extended from time to time and still in force. Mr. Surve and Ms Birwadkar, counsel appearing for defendants and plaintiff state that prayer clause (b) could be decided at the final hearing of the suit. Counsel state that though reading of paragraph 6 of the order dated 7th August 2012 would mean that prayer clause (b) has also been granted but has only been stayed, the same being at the ad-interim stage, be kept open to be re-agitated at the final hearing of the suit. Counsel state that prayer clause (b), therefore, be excluded from the order in this notice of motion.
Meera Jadhav
2/2 nms-1694-12(922).doc In the circumstances, notice of motion is allowed and stands disposed in terms of prayer clauses (a), (c), (d) and (e). Pleadings in the suit are completed.
By 20th July 2019 parties shall file their respective affidavit of documents and serve a copy thereof upon the other side, failing which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document.
By 26th July 2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely on such document. By 1 st August 2019 statement of admission and denial with reasons for denial to be exchanged. 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.
Suit be listed for issues on 5th August 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms. (K.R. SHRIRAM, J.) Meera Jadhav