Aelea Commodities Pvt Ltd vs Shree Satpuda Tapi Parisasr ...
2021 Latest Caselaw 9963 Bom

                                                   3. SJ 26 of 2021.odt


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

              SUMMONS FOR JUDGMENT NO. 26 OF 2021
                                      IN
            COMMERCIAL SUMMARY SUIT NO. 48 OF 2021


 Aelea Commodities Pvt. Ltd.                          ...Applicant
 In the matter between
 Aelea Commodities Pvt. Ltd.                          ...Plaintiff
         Versus
 Shree Satpuda Tapi Parisasr Sahakari Sakhar          ...Defendant
 Karkhana Ltd.

                                ALONGWITH
             INTERIM APPLICATION (L) NO. 14374 OF 2021
                                      IN
              SUMMONS FOR JUDGMENT NO. 26 OF 2021


 Shree Satpuda Tapi Parisasr Sahakari Sakhar          ...Applicant/
 Karkhana Ltd.                                        Plaintiff
         Versus
 Aelea Commodities Pvt. Ltd.                          ...Defendant
                                   ----------
 Mr. Karl Shroff, Anisha Nair, Gaurav Suryavanshi, i/by Vis Legis Law
 Practice - Advocate for the Plaintiff.
 Mr. Harsha Asnani i/by the Law Point - Advocate for the Defendant.
                                  ----------
                           CORAM : DAMA SESHADRI NAIDU, J.

DATE : 29th JULY, 2021.

 Seema                                                                          1/2





                                                 3. SJ 26 of 2021.odt


 P.C. :

The plaintiff's counsel informs me that the defendant has come up with a compromise proposal. According to that proposal, the defendant will undertake to pay only the principal amount in installments. Even the first instalment will begin a few months later and the last instalment will be over a year later. But the plaintiff has not agreed to that proposal.

2. To elaborate, the plaintiff's counsel points out that though the defendant is a Co-operative Society, it borrowed fifteen cores from the plaintiff but could repay less than half of it. According to him, still the defendant owes close to eight crore rupees. That said, the plaintiff is willing to have an amicable settlement if the defendant's offer is reasonable.

3. In that context, the plaintiff's counsel also submits that to prove its bona fides, the defendant must pay ten to twenty lakh rupees by next month, to begin with. And after that, it may pay the rest of the amount in six monthly installments. As to the interest to be paid, the plaintiff, fairly, leaves it to the Court's discretion.

4. With this counter proposal, the learned counsel for the defendant seeks time to get instructions.

Post the matter on 05.08.2021.

                                 [DAMA SESHADRI NAIDU, J.]
 Seema                                                                       2/2