Emkay Commotrade Ltd v. Bengani Food Products Pvt Ltd And 2 ORS

914-CONP74-17.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 74 OF 2017 IN SUMMARY SUIT NO. 481 OF 2015 Emkay Commotrade Limited

...Petitioner

Versus

Bengani Food Products Pvt Ltd & Ors

...Respondents

WITH NOTICE OF MOTION NO. 2038 OF 2017 IN SUMMARY SUIT NO. 481 OF 2015 Emkay Commotrade Limited ...Applicant In the matter between Emkay Commotrade Limited ...Plaintiff

Versus

Bengani Food Products Pvt Ltd & Ors ...Defendants Mr Anoop Sharma, for the Petitioner.

Mr Nikhil Patil, i/b Mr Gajanan Shinde, for Respondents Nos. 1 to 3. CORAM: G.S. PATEL, J DATED:

10th January 2019 PC:- 10th January 2019

914-CONP74-17.DOC 1.

The Summary Suit was settled by Consent Terms dated 29thAugust 2016. The Defendants issued some 47 cheques. The Plaintiff agreed to withdraw and in fact withdrew several proceedings. It is not disputed that except for the first six cheques, all the others were dishonoured.

2.

Clause 5 of the Consent Terms provided that in the event of default the Plaintiff would be entitled to revive the withdrawn proceedings.

3.

Notice of Motion No. 2038 of 2017 seeks precisely this revival.

4.

In view of these circumstances, Notice of Motion No. 2038 of 2017 is made absolute in terms of prayer clause (a). 5.

Liberty to the Plaintiff to make any further application in any of the revived proceedings.

6.

In view of this, it is not necessary to proceed with the Contempt Petition which is dismissed but without any assessment on merits.

7.

Notice is discharged.

(G. S. PATEL, J) 10th January 2019