Overseas Infrastructure ... vs Railsys Engineers Private Ltd
2023 Latest Caselaw 8619 Bom

                                                 24-ia-68-22-SJ-68-22-cs-87-
2021.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              ORDINARY ORIGINAL CIVIL JURISDICTION

            INTERIM APPLICATION NO.(L) 33664 OF 2022
                              IN
             SUMMONS FOR JUDGMENT NO.68 OF 2021
                              IN
            COMMERCIAL SUMMARY SUIT NO.87 OF 2021

Overseas Infrastructure Alliance
Pvt Ltd & Anr                                  ... Applicant
IN THE MATTER BETWEEN
M/s. Railsys Engineers Pvt Ltd.                ...Plaintiff
              Vs.
Overseas Infrastructure Alliance
Pvt Ltd & Anr                                  ... Defendants

Ms. Shyamli Hajela on behalf of M/s. H and M Legal Associates,
advocate for the Plaintiff.
None for the Defendants.

                         CORAM      :    ABHAY AHUJA, J.

                         DATE       :    23 AUGUST, 2023
P.C. :

1. In the morning session when the matter was called out, it

was kept back as the learned Counsel for the Interim Applicant

was not present. In the afternoon session, when the matter is

called out again none is present on behalf of the Interim

Applicant. Learned Counsel for the Respondent in the Interim

KSG 1/2 24-ia-68-22-SJ-68-22-cs-87-

2021.doc

Application submits that the Interim Application is for an order of

this Court to reject/dismiss the suit as not maintainable in view of

Section 8 of Arbitration and Conciliation Act, 1996 as there is an

arbitration clause in the contract between the Interim Applicant

and the Respondent.

2. Learned Counsel for the Respondent would submit that reply

opposing the same has been filed. She draws the attention of this

Court to an acknowledgment of debt due 13th November, 2017

being Exhibit-C (Page No.32) to the affidavit in reply and submits

that the summary suit has been filed on the basis of this

acknowledgment and not on the basis of the contract between the

Interim Applicant and the Respondent and, therefore, the Interim

Application ought to be dismissed.

3. Be that as it may, since none appears for the Interim

Applicant, list on 30th August, 2023.

4. It is made clear that if none appears for the Interim

Applicant on the next occasion the matter will be heard and

appropriate orders will be passed.

                                                                          (ABHAY AHUJA, J.)

                               KSG                                                            2/2
Signed by: Kiran S. Ghuge

Designation: PA To Honourable Judge Date: 24/08/2023 10:38:52