Icici Lombard General Insurance Co.Ltd. v. Bright Performance Nutrition

by HEMANT CHANDERSEN SHIV Date:

2023.09.04 11:22:15 +0530 HEMANT CHANDERSEN SHIV 1/2 903.ia4568.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.4568 OF 2022 IN COMMERCIAL SUIT NO.79 OF 2022 ICICI Lombard General Insurance Co. Ltd.

...Applicant In the matter between Bright Performance Nutrition ...Plaintiff vs ICICI Lombard General Insurance Co. Ltd.

...Defendant Mr. Vishal Sheth with Kunal Naik & Ram Jay Narayan i/b Bimal Rajasekhar for the Plaintiff.

Ms. Varsha Chavan for Defendant.

CORAM :S. M. MODAK, J.

DATED : 1ST SEPTEMBER 2023 P. C. :

INTERIM APPLICATION (L) NO.4568 OF 2022 1.

Heard learned Advocate for the Applicant-Defendant and learned Advocate for the Plaintiff-Respondent. 2.

This is a commercial suit. The Defendant could not file the written statement within initial period of 30 days and within extended period of 90 days. The last date for filing the written Shiv

2/2 903.ia4568.22.doc statement was 13th June 2022, whereas present Interim Application is moved on 22nd September 2022. Time was spent for collecting all the information from various departments of the defendant. It is mentioned in para 2 and 3 of the Application. 3.

However, the interpretation of the provisions of Order VIII Rule 1 and 10 is well settled. There is reliance on the judgment in case of SCG Contracts (India) Pvt. Ltd. vs. K. S. Chamankar Infrastructure Pvt. Ltd.

1 In that case the Defendants gave explanation that he was pursuing his Application under Order VII Rule 11. However, it was turned down. So there is no scope for this Court to condone the delay, whatever may be the reasons. 4.

Interim Application is dismissed.

COMMERCIAL SUIT NO.79 OF 2022 5.

Let the Plaintiff to file the documents.

6.

Matter be kept on 29th September 2023, at 4 pm. [S. M. MODAK, J.] 1 (2019) 12 SCC 210 Shiv