Standard Chartered Bank And ANR. v. Icici Lombard General Insurance Co. Ltd.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL CHAMBER SUMMONS NO. 998 OF 2018 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2012 Standard Chartered Bank & Anr.
... Applicants / Plaintiffs Vs.
ICICI Lombard General Insurance Co. Ltd.
... Defendant Mr. Pradeep Sancheti, Senior Advocate with Mr. Darshit Jain and Ms.S.I. Shah, I/b S.I.Shah & Co. for the Plaintiffs / Applicants. Shyam Kapadia with Anubhav Dutta and Kamya Sanghvi I/b Tuli & Co for the Defendant.
CORAM:
R. I. CHAGLA, J.
DATE:
26TH JULY, 2019.
PC:- 1.
The learned Counsel for the Plaintiffs has pursuant to the order of this Court dated 26th November, 2018 as modified by order dated 11th December, 2018 and further modified on 1st February, 2019 tendered three Affidavits filed on behalf of the Plaintiffs producing documents which they rely upon. One of these Affidavits is dated 8th March, 2019, wherein the items listed in Exhibit A to the Chamber Summons which was directed to be produced by the Plaintiffs in order dated 26th November, 2018 and which pertains to the Standard Chartered Bank are produced. 1/3
In addition, the learned Counsel for the Plaintiff also files an Affidavit dated 28th March, 2019 which produces documents including bills / invoices raised by Masumi Overseas Pvt. Ltd which were discounted through EXIM Bank and certain documents which were not sent to CVC and does not form part of the schedule - A to the Chamber Summons No.998 of 2018 filed by the Defendant. He submits that although these documents are not relied upon by the Plaintiff as it did not form the subject matter of the above Suit which was originally filed by Standard Chartered Bank and thereafter by Plaintiffs who were substituted upon settling of the debts of the Standard Chartered Bank, is filing this Affidavit and producing these documents in compliance with the order dated 26th November, 2018 read with order dated 11th December, 2018. The third Affidavit is dated 11th April, 2018 and wherein the documents mentioned were not sent to the CVC. 2.
The three Affidavits are accordingly taken on record. The documents which have been produced and relied upon by the Plaintiffs shall be marked on the next date of hearing. 3.
Accordingly, place the Suit for admission and denial of documents on 22nd August, 2019. The Compilation of Documents which pertains to transaction for EXIM Bank shall be handed over by the Plaintiffs to the Defendants within a period of one week. 2/3
These Compilation of Documents shall be produced in Court by the Plaintiff on the next date of hearing.
( R I. CHAGLA, J. ) 3/3