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Bombay High CourtSA/86/2025dismissed

Sadbhav Engineering Ltd., Thr. Its Director, Mr. Nitin R. Patel And Others v. M/S Sarda Energy And Minerals Ltd (M/S Raipur Alloys And Steel Ltd) Thr. Senion Manager, S.Y. Naik

2025-07-21Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

34 sa86.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.86 OF 2025 Sadbhav Engineering Ltd. through its Director & Ors Vs. M/s Sarda Energy & Minerals Ltd. through Senior Manager __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.P. Dubey, Advocate for appellants.

Shri P.P. Kothari, Advocate for respondent.

CORAM : M.W. CHANDWANI, J.

DATE : 21.07.2025.

1.

Heard.

2.

The following substantial question of law is framed: "Whether issuance of bills from Nagpur office as well as depositing the cheques by the respondent/original plaintiff in HDFC Bank, Branch at Nagpur can be treated as part of cause of action to have jurisdiction to civil Court at Nagpur to try and dispose of the case?"

3.

Considering the submissions, pleadings and findings of the Court, the stay to the execution of the impugned decree is granted subject to depositing of Rs.30 lakhs in this Court within four weeks from today.

4.

With the consent of both parties, list this matter for final hearing at admission stage in the week commencing from 22nd September 2025.

34 sa86.25.odt 5.

Meanwhile, appellants to file copy of deposition and all exhibited documents which are part of the record. JUDGE Wagh