M/S Khandelwal Laboratories Pvt.Ltd., v. M/S Famzy Nigeria Ltd.

nms 1564 of 2015 (915).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1564 OF 2015 IN SUIT NO.87 OF 2014 M/s. Khandelwal Laboratories Pvt. Ltd. ...

Applicant/Plaintiff versus M/s. Famzy Nigeria Ltd.

...

Defendant Mr. Swapan Samdani i/by Mr. Rakesh Agarwal, for Applicant. None for Defendant.

CORAM: S.J. KATHAWALLA, J.

DATE: 14 th DECEMBER, 2015 P.C.:

1.

Heard the learned Advocate for the Applicant. None for the Defendant, though served. Perused the Notice of Motion and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clause (a), which is reproduced hereunder : "(a)that the order dated 25 th August, 2015 passed by this Hon'ble Court dismissing the above suit may be set aside the suit be tried on merits";

2.

The Notice of Motion is accordingly disposed of. 3.

Place the Suit for Directions on 22-12-2015 first on board. 4.

A copy of this order shall be served on the Defendant as well as on their Advocate by the Advocate for the Plaintiff.

( S.J.KATHAWALLA, J. ) ssp 1/1