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Bombay High CourtCOMAO/11/2025disposed off

Seya Industries Limited And Another v. Shiv Texhem Private Limited Thr. Mr. Abhishek Narnarayan Sharma And Others

2025-04-02Hon'Ble The Chief Justice , Hon'Ble Shri Justice M. S. Karnik1 pages

10-COMAO-11-2025.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER NO. 11 OF 2025 WITH INTERIM APPLICATION NO. 6765 OF 2025 Seya Industries Limited & Anr.

.. Appellants

Versus

Shiv Texhem Private Ltd. & Ors.

.. Respondents Mr. Ashok M. Saraogi for appellants.

Mr. Anosh Sequira a/w Ms. Mansi Shah i/by Pravin Mehta and Mithi Com for respondent no.1.

by JAYANT VISHWANATH SALUNKE Date:

2025.04.02 23:22:01 +0530 JAYANT VISHWANATH SALUNKE

CORAM:

ALOK ARADHE, CJ. & M. S. KARNIK, J.

DATE:

2nd April, 2025 P.C.:

1.

This appeal under Section 13 (1-A) of the Commercial Courts Act, 2015 has been filed against an order dated 17th February, 2025 by which the Notice of Motion taken out to recall the order dated 1st February, 2023 has been rejected on the ground that same has not been filed within a period of 30 days.

2.

Learned counsel for the appellants seeks leave of this Court to withdraw the appeal with the liberty to take recourse to such remedy as may be available to the appellants in law. 3.

In view of the aforesaid submission, the appeal is disposed of in terms of the liberty as prayed for. 4.

Pending Interim Applications, if any, stand disposed of. (M. S. KARNIK, J.) (CHIEF JUSTICE)