Gujarat Nippon International ... vs Multiquadrant Industrial ...
2022 Latest Caselaw 8554 Bom

          Digitally signed
SWAROOP   by SWAROOP
          SHARAD
SHARAD    PHADKE
PHADKE    Date: 2022.08.29
          19:23:17 +0530                                                       17 ial 2148 of 2022.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION
                                INTERIM APPLICATION (L) NO.2148 OF 2022
                                                 IN
                                  COMM. SUMMARY SUIT NO.103 OF 2021

  Gujarat Nippon International Pvt. Ltd.                             ...     Applicant/Plaintiff
        Versus
  Multiquadrant Industrial Controls (India) Pvt. Ltd.                ...   Defendant

  Mr. Sachin Khadilkar i/by Madekar and Co., for Plaintiff.
  Ms. Purva Naigaonkar with Ms. Rutu Prashant, for Defendant.
                                   CORAM:        N.J.JAMADAR, J.

                                   DATE:         29th AUGUST, 2022

  P.C.:

1. Heard the learned Counsel for the parties.

2. This Commercial Division Summary Suit is instituted for recovery of a

sum of Rs.2,48,94,304/- with further interest on the principal sum of Rs.94,64,140/-

@ 18% p.a. from 1st January, 2021 till payment and/or realization.

3. The Plaintiff has taken out the above Application seeking summary

judgment under Order XIIIA of the Code of Civil Procedure, 1908.

4. Sub-Rule (3) of Rule (1) of Order XIIIA of the Code expressly excludes

an application for summary judgment in a summary suit instituted under Order

XXXVII of the Code. Hence, the instant Application for summary judgment under

Order XIIIA in a Summary Suit under Order XXXVII, being misconceived, stands

dismissed.

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4. The learned Counsel for the Plaintiff submits that the Plaintiff has not

resorted to the mandatory pre-institution mediation under Section 12-A of the

Commercial Courts Act, 2015.

5. The learned Counsel for the Plaintiff seeks time to take instructions.

6. List on 12th September, 2022.

                                                      ( N.J.JAMADAR, J. )




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