Aelea Commodities Pvt Ltd vs Shree Satpuda Tapi Parisasr ...
2021 Latest Caselaw 14983 Bom

                                                                                      3-sj-26-2021.doc




                                   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

VISHAL                Aelea Commodities Pvt. Ltd.                          ...Plaintiff
SUBHASH
PAREKAR                         vs.
Digitally signed by
                      Shree Satpuda Tapi Parisar Sahakari
VISHAL SUBHASH
PAREKAR               Sakhar Karkhana Ltd.                                 ...Defendant
Date: 2021.10.14
11:57:22 +0530

                      Ms. Anisha Nair a/w. Mr. Gaurav Suryawanshi i/b.Vis Legis Law
                      Practice, for the Plaintiff.
                      Mr. Roopadaksha Basu a/w. Ms. Harsha Asnani i/b. The Law Point,
                      for the Defendant.

                                               CORAM :    N. J. JAMADAR, J.

                                               DATE :     OCTOBER 13, 2021

                      P.C.:

                      .       Heard the learned counsel for the parties.

2. After the matter was heard on 7th October, 2021 and closed for

orders, judgment delivered by a Division Bench in Commercial

Appeal (L) No.11950 of 2021 dated 1 st October, 2021 is brought to

the notice of the Court.

3. The Appeal Bench has set aside the judgment in Summons for

Judgment No. 45 of 2019 in Commercial Suit No. 972 of 2019

(Ganga Vazirani vs.Deepak Raheja) and held that the provisions

contained in section 12A of the Commercial Courts Act are

mandatory in nature.

                      Vishal Parekar, P.A.                                                        ...1
                                                              3-sj-26-2021.doc

4. During the course of the submissions, the parties had

proceeded on the premise that the judgment of the learned single

Judge in the case of Ganga Vazirani (supra) held the feld.

5. In the aforesaid circumstances, the Court deems it necessary

to hear the parties on the said aspect in view of the judgment of the

Division Bench in Deepak Raheja (supra).

6. List the matter on 22nd October, 2021.

                                           (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                     ...2