Kirtanlal International Dmcc v. Sgs India Private Limited And 2 ORS

905.CHOL.1099.19 in COMSL.197.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER (L) NO. 1099 OF 2019 IN COMMERCIAL SUIT (L) NO. 197 OF 2019 Kirtanlal International DMCC ...

Plaintiff

Versus

SGS India Private Limited & Ors.

...

Defendants Mr. Kevic Setalvad, Senior Advocate a/w Mr. Chaitanya Mehta, Mr. Darshan Mehta, Ms. Juhi Dave i/b M/s. Dhruve Liladhar & Co. for the Plaintiff/Applicant.

Mr. Shanay Shah a/w Ms. Niwita Lad i/b Kurdukar Associates for Defendant No.1.

Mr. Cyrus Ardheshi a/w Mr. Sujit Lahoti, Ms. Anaisha Zachariah and Mr. Udit Mehta i/b Crawford Bayley & Co. for Defendant No.2. Mr. Hormoz Mehta, Mr. Ahsan Allana i/b J. Sagar Associates for Respondent No.3.

CORAM : R.I. CHAGLA, J.

DATED : 18th OCTOBER, 2019.

P.C. :

This Chamber Order has been taken out for restoration of the Commercial Suit which had been dismissed on account of non-removal of office objections under Rule 986 of the Bombay High Court (Original Side) Rules. Further order is sought for the Plaintiff to be directed to remove the Waghmare 1/2

905.CHOL.1099.19 in COMSL.197.19.doc office objections within a period of two weeks from the grant of the Chamber Order. An affidavit-in-reply has been filed by Defendant No.2 which opposes grant of the Chamber Order.

The learned Counsel appearing for Defendant No.2 has very fairly stated that he is not opposed the Chamber Order subject to the rights and contentions which have been raised by Defendant No.2 in the affidavitin-reply to the Chamber Order being expressly kept open to urge in the Supreme Court where the proceedings are pending. Considering that the Chamber Order is not currently being opposed either by Defendant No.1 or Defendant No.2, the Chamber Order is required to be allowed and is signed separately. It is made clear that the rights and contentions of Defendant No.1 as well as Defendant No.2 are expressly kept open to be urged in the proceedings before the Supreme Court.

(R.I. CHAGLA, J.) Waghmare 2/2