Sweet Industries India Pvt Ltd Through Its Managing Director v. Cosmo First Ltd Through Its Authorized Officer Yogesh Pralhad Khadkikar

2024:BHC-AUG:19740

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO. 9126 OF 2024 SWEET INDUSTRIES INDIA PVT LTD THROUGH ITS MANAGING DIRECTOR

VERSUS

COSMO FIRST LTD THROUGH ITS AUTHORIZED OFFICER YOGESH PRALHAD KHADKIKAR ...

Advocate for the Petitioner : Mr. Yogesh D. Kale Advocate for Respondent : Mr. A.D. Kalsliwal ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 26, 2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

After hearing the matter for some time, the learned counsel for the petitioner agreed to deposit 50% amount, instead of 70% as directed by the Trial Court in the impugned order dated 29.6.2024 below Exh. 22 in Spl. Summary Suit No. 35/2023, as 50% amount would be reasonable amount as condition to defendant to defend the suit. 3.

In view of the above, the impugned order dated 29.6.2024 stands modified to the extent as mentioned above. The amount shall be deposited within four weeks from today. Remaining impugned order would remain the same. The time of four weeks is granted to deposit 50% amount, failing which the default clause will come in to play. The Trial Court is also directed to dispose of the suit as expeditiously as possible as the goods are supplied on credit. The writ petition is disposed of accordingly. ( ARUN R. PEDNEKER, J. ) ssc/