Kalpataru Properties Private ... vs Sri Kalpataruvu Chits (India) ...
2021 Latest Caselaw 2122 Bom

                                                                   (05)NMCD381.17_COMIP478.17.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                              IN ITS COMMERCIAL DIVISION

                                            NOTICE OF MOTION NO. 381 OF 2017
Anjali   Digitally signed


T.
         by Anjali T.
         Aswale                                           IN
                                            COMMERCIAL SUIT NO. 478 OF 2017
         Date:
         2021.02.03
Aswale   10:43:37 +0530




                            1 Sri Klpataruvu Chits (India)
                             Pvt. Ltd. & Anr.                             ... Applicants

                            In the matter between:

                            Kalpataru Properties Pvt. Ltd.                ... Plaintiff

                                     Vs

                            1 Sri Klpataruvu Chits (India)
                             Pvt. Ltd. & Anr.                             ... Defendants



                            Dr. Abhinav Chandrachud with Mr. Dhiren Kanakia and Ms.
                            Aaditi Chavan i/b Khaitan & Co. for the Plaintiff.

                            Mr. Akshay Patil with Mr. Karan Dhawan and Mr. Arnav Misra i/b
                            K. Ashar & Co. for the Applicants/Defendant Nos.1 & 2


                                                          CORAM : B.P. COLABAWALLA, J.

TUESDAY, 02ND FEBRUARY, 2021

P.C. :

1 When this matter was called out, the learned counsel

appearing on behalf of the original defendants/applicants sought

(05)NMCD381.17_COMIP478.17.doc

leave to withdraw the above Notice of Motion, which is fled

seeking rejection of the Plaint under Order VII Rule 11 of the Code

of Civil Procedure, 1908. Accordingly, leave is granted and the

above Notice of Motion is dismissed as withdrawn.

2 The learned counsel appearing on behalf of the

original defendants states that this withdrawal ought not to affect

the right of the defendants to take out a proceeding under Order

XIII-A of the Code of Civil Procedure seeking a summary

judgment of dismissal of the above Suit.

3 Considering that the cause of action under Order XIII-

A is different from the one under Order VII Rule 11, I do not think

any clarifcation is required in this regard. If such an application

is fled under Order XIII-A by the defendant, the same shall be

decided on its own merits and in accordance with law,

notwithstanding the fact that the present Notice of Motion has

been withdrawn by the defendants.

4 This order shall be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned shall

(05)NMCD381.17_COMIP478.17.doc

act on production by fax or e-mail of a digitally signed copy of this

order.

B.P. COLABAWALLA, J.