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Bombay High CourtNMCD/2296/2018disposed off

Pooja Entertainment And Films Limited v. Kriarj Entertainment Private Limited And 19 ORS

2018-07-19Hon'Ble Shri Justice G.S. Patel2 pages

908-NMCDL1627-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION (L) NO. 1627 OF 2018 IN COMMERCIAL SUIT (L) NO. 899 OF 2018 Pooja Entertainment and Films Ltd ...Plaintiff

Versus

Kriarj Entertainment Pvt Ltd & Ors ...Defendants Mr Vibhav Krishna, with Devang Lakhotia, i/b Juris Consillis, for the Plaintiff.

Dr Birendra Saraf, with Krunal Mehta, i/b Naik Naik & Co., for Defendant No. 7.

CORAM: G.S. PATEL, J DATED:

19th July 2018 PC:- 1.

The application is in the incorrect form. This irregularity is condoned.

2.

Leave is sought under Order II Rule 2 of the Code of Civil Procedure 1908. Having regard to the averments in paragraphs 5 and 6 of the Petition, I will grant the leave but only in regard to the relief sought for damages for breach of contract mentioned in paragraph 5(v) of the Petition. Thus in the present Suit, the Plaintiffs may omit 19th July 2018

908-NMCDL1627-18.DOC to sue for damages. This is the limited relief granted. This is without prejudice to the rival rights and contentions. I note that Dr Saraf on behalf of the Defendants states that the Suit is filed contrary to certain orders passed by the Delhi High Court. All those contentions are of course left open.

3.

The Notice of Motion is disposed of in these terms. No costs. (G. S. PATEL, J) 19th July 2018