Bombay High Court
Mohit Khabar Khabar vs Dazzler Confectionary Company ... on 4 April, 2022
Bench: G.S. Patel, Madhav J. Jamdar
22-OSIA-1142-2022 IN COMAP-22-2022+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL APPELLATE DIVISION
INTERIM APPLICATION NO. 1142 OF 2022
IN
COMMERCIAL APPEAL NO. 22 OF 2022
Mohit Khabar Khabar ...Applicant
In the matter between
Mohit Khabar Khabar ...Appellant
Versus
Dazzeler Confectionery Co Pvt Ltd ...Respondent
WITH
COMMERCIAL APPEAL (L) NO. 7426 OF 2022
IN
INTERIM APPLICATION NO. 1873 OF 2020
Dazzler Confectionery Company Pvt Ltd ...Appellant
Versus
Mohit Khabar Khabar ...Respondent
WITH
INTERIM APPLICATION (L) NO. 7502 OF 2022
IN
COMMERCIAL APPEAL (L) NO. 7426 OF 2022
ARUN
RAMCHNDRA
SANKPAL
Dazzler Confectionery Company Pvt Ltd ...Applicant
Digitally signed by
ARUN RAMCHNDRA
In the matter between
SANKPAL
Date: 2022.04.05
16:33:00 +0530
Dazzler Confectionery Company Pvt Ltd ...Appellant
Page 1 of 4
4th April 2022
22-OSIA-1142-2022 IN COMAP-22-2022+.DOC
Versus
Mohit Khabar Khabar ...Respondent
Mr Zal Andhyarujina, Senior Advocate, with Nerav Merchant,
Akanksha Agarwal & Nadeem Sharma, i/b Thakordas
Madgavkar, for the Appellant in COMAP/22/2022 and for the
Respondent No. COMAPL/7426/2022.
Mr Siddhesh Bhole, with Yakshay Chheda, i/b SSB Legal &
Advisory, for the Appellant in COMAPL/7426/2022 and
Respondent in COMAP/22/2022.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 4th April 2022
PC:-
COMMERCIAL APPEAL NO. 22 OF 20 22 AND
COMMERCIAL APPEAL (L) NO. 7426 OF 2022:
1. All objections are to be removed in Commercial Appeal No.
7426 of 2022 and it is to be finally numbered on or before 18th April
2022.
2. By consent of parties, we make the following order in regard
to the impugned Order and Judgment dated 24th January 2022.
3. This order today is by consent and without any assessment on
the merits.
4th April 2022
22-OSIA-1142-2022 IN COMAP-22-2022+.DOC
4. Both sides agree that the entire amount of Rs.80 lakhs will
remained deposited with the Court to the credit of the present Suit
in which leave to defend has been granted to the original Defendant.
5. To this extent--
(a) paragraph 2 of the operative portion of the impugned
order is modified.
(b) Paragraph 5 of the operative portion of the impugned
order will no longer survive; and
(c) paragraph 1 of the operative portion of the impugned
order will necessarily stand modified accordingly.
6. Both sides agree that they will file an appropriate applications
under Order XIII-A of the Code of Civil Procedure 1908 ("CPC")
as amended by the Commercial Courts Act 2015. They agree to do
so on or before 17th June 2022.
7. We permit the parties to make an application or a request to
the learned Singe Judge for an expedited or priority hearing of the
Order XIII-A application given the frame of the Commercial Courts
Act.
8. We keep open all questions of limitation. The findings of the
learned Single Judge on limitation are clearly prima facie and will
not affect the final determination of any issue of limitation.
4th April 2022
22-OSIA-1142-2022 IN COMAP-22-2022+.DOC
9. The Appeals are disposed of in these terms with no order as
to costs.
10. In view of this, the pending IAs are infructuous and disposed
of accordingly.
(Madhav J. Jamdar, J) (G. S. Patel, J)
4th April 2022
