Aditya Birla Finance Limited v. Roop Fashion Pvt Ltd

by PALLAVI MAHENDRA WARGAONKAR Date:

2025.03.01 16:43:47 +0530 29-CARAP-259-2024 (OS).doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 259 OF 2024 Aditya Birla Finance Limited ...Applicant

Versus

Roop Fashion Pvt. Ltd.

...Respondent

***** Mr. Vishal Maheshwari i/b. V.M. Legal, for the Applicant. Mr. Bratin Kumar Dey i/b. Padmakar S. Garad, for the Respondent. ***** CORAM :

ADVAIT M. SETHNA, J.

DATE :

25 FEBRUARY 2025 P. C. :- 1.

By an order dated 28 January 2025 the proceedings were deferred to 7 February 2025 with a clear direction that no further request for adjournment shall be entertained. The learned counsel for the parties informed the Court that the matter could not be taken up on the said date before the regular Court and is now adjourned.

2.

The learned counsel for the respondent would submit that he would wish to rely on some judgments to buttress his submissions on the issue of maintainability of Section 11 application, as according to him, the entire cause of action has arisen within the territorial limits of Kolkata. In view of the above, by consent, list the proceedings on 21 March 2025. 3.

It is made clear that there will be no further adjournments at the behest of the parties, particularly the respondents in light of the earlier orders passed and Pallavi Wargaonkar, PS 1/2

29-CARAP-259-2024 (OS).doc the Court shall endeavour to hear Section 11 application and pass appropriate orders.

4.

The parties shall file their respective synopsis with compilation of judgments in advance before the adjourned date of hearing. 5.

Stand over to 21 March 2025.

[ADVAIT M. SETHNA, J.] Pallavi Wargaonkar, PS 2/2