Bonton Holidays Pvt. Ltd vs European Gateway Sarl
2022 Latest Caselaw 13199 Bom

         Digitally signed
         by MEERA                                 1/3                       27-comap-492-19.doc
MEERA    MAHESH
         JADHAV
MAHESH   Date:
JADHAV   2022.12.21
         10:57:21
         +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                    IN ITS COMMERCIAL DIVISION
                                 COMMERCIAL APPEAL NO.492 OF 2019
                                                IN
                               SUMMONS FOR JUDGMENT NO.67 OF 2018
                                               WITH
                                INTERIM APPLICATION NO.1026 OF 2022
                                                IN
                                 COMMERCIAL APPEAL NO.492 OF 2019

           Bonton Holidays Pvt Ltd.                      ....Appellant
                V/s.
           European Gateway Sarl                         ...Respondent

                                                ----

Mr. Rahul Narichania, Sr. Advocate a/w Mr. Ankur Shah and Mr. Vikhil Dhoka i/b G.M. Legal for Appellant.

Mr. Karl Tamboly a/w Ms Shruti Maniar & Mr. Advait Shukla i/b Solomon & Co. for Respondent.

Ms. Purvi Piyush Parekh, Mr. Piyush Vinodrai Parekh and Mr. Viren N Adesara, Directors of appellant present.

----

CORAM : K.R. SHRIRAM & KAMAL KHATA JJ DATED : 19th DECEMBER 2022

P.C. :

1 Despite our specific directions on 5th December 2022, that the letter

shall be addressed by Federal Bank to the Prothonotary and Senior Master,

High Court, Bombay of this court, Federal Bank, though it has technically

addressed the letter to Prothonotary and Senior Master, High Court, Bombay

the letter has not been sent to Prothonotary and Senior Master, High Court,

Bombay. Mr. Narichania on instructions states that Federal Bank has sent

the letter to appellant by courier and that is how appellant received the

Meera Jadhav 2/3 27-comap-492-19.doc

same. Mr. Tamboly on instructions states respondent has not received a

copy of letter. From the letter that Mr. Narichania tendered, it does not

appear to be the original signature of the three persons who have signed

and it appears to be photocopy on which blue ink rubber stamp of Kunal

Thakkar and Naresh Maghani has been put. Therefore, either Naresh

Maghani or Vivek Trevidi, whoever is the senior among the two, shall file an

affidavit confirming what is stated in the letter dated 9 th December 2022.

Affidavit to be filed and copy served upon appellant as well as respondent's

Advocates Solomon & Co. and the original affidavit together with photocopy

thereof shall be sent directly to the Prothonotary and Senior Master, High

Court Bombay, within two weeks from today.

2 The order dated 5th December 2022 was rather clear that Federal Bank

should address the letter to the Prothnotary and Senior Master, High Court,

Bombay which means not only the Prothonotary and Senior Master's name

to be mentioned in the letter but the letter should have been sent to the

Prothonotary and Senior Master, High Court, Bombay and not to its own

customers. It is made clear to Federal Bank that if, order is not strictly

complied with, the court may compelled to direct the Director of Federal

Bank to remain present in court.

3 The three Directors of appellant namely, Ms. Purvi Piyush Parekh, Mr.

Piyush Vinodrai Parekh and Mr. Viren N Adesara, are present in court and

are identified by Advocate Mr. Vikhil Dhoka. The presence of these three

persons is not required until further orders on the undertaking given to this

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court that they shall remain present as and when required.

4         Stand over to 10th January 2023.




(KAMAL KHATA, J.)                                (K.R. SHRIRAM, J.)




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