Geofin Comtrade Ltd vs National Spot Exchange Limited
2022 Latest Caselaw 4198 Bom

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

                    SUMMONS FOR JUDGMENT NO.65 OF 2015
                                        IN
                     COMM. SUMMARY SUIT NO.140 OF 2015

Geofin Comtrade Ltd.                                        .. Applicant-Plaintiff
           Vs.
National Spot Exchange Ltd.                                 .. Defendant


Mr. Chirag Shah, with Ms. Priya Rombade and Mr. Sharan Shetty, i/by Deven
Dwarkadas and Partners, for the Applicant-Plaintiff.
Mr. Ashish Kamat, with Mr. Melvyn Fernandes, i/by Vaish & Associates, for
the Defendant.


                                                     CORAM : A. K. MENON, J.

                                                     DATE      : 20TH APRIL, 2022.

P.C. :

1. This is a Summons for Judgment for 2015. Affidavit-in-reply has been

filed on 21st September 2015. However, according to Mr. Kamat, there is an

arbitration agreement between the parties and the relevant averments could

not be placed as part of affidavit-in-reply dated 21 st September 2015. He

seeks leave to file additional affidavit-in-reply.

2. This Summons for Judgment is pending since 2015 and there is no

justification for not seeking leave to file additional affidavit at the relevant

time. Subject to payment of costs of Rs.2,00,000/- to the applicant-plaintiff,

additional affidavit-in-reply shall be taken on file. Costs to be paid to the

15-SJ-65-2015.doc Dixit plaintiff by 25th April 2022, failing which Summons for Judgment will be

heard with the existing reply on the next date.

3. List Summons for Judgment for hearing on 27 th April 2022.

(A.K. MENON, J.)

15-SJ-65-2015.doc Dixit