Motilal Oswal Commodities ... vs National Spot Exchange Limited
2022 Latest Caselaw 4199 Bom

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

                     SUMMONS FOR JUDGMENT NO.84 OF 2015
                                         IN
                      COMM. SUMMARY SUIT NO.302 OF 2015

Motilal Oswal Commodities Broker Pvt. Ltd.               .. Applicant-Plaintiff
               Vs.
National Spot Exchange Ltd.                              .. Defendant


Mr. Swapnil Bangur, i/by Ashwin Duggal & Associates, for the Applicant-
Plaintiff.
Mr. Ashish Kamat, with Mr. M. 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 31st December 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 31 st December 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 plaintiff, additional

affidavit-in-reply shall be taken on file. Costs to be paid to the plaintiff by 25 th

16-SJ-84-2015.doc Dixit 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.)

16-SJ-84-2015.doc Dixit