Citation : 2023 Latest Caselaw 12524 Bom
Judgement Date : 11 December, 2023
1 6 comss 365-16 with nmcd 323-19 in comss 365-16-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO.365 OF 2016
WITH
NOTICE OF MOTION NO.323 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO.365 OF 2016
Hyundai Motor India Limited ... Plaintiff
Vs.
M/s Auroma Investments and ors. ... Defendants
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Mr. Dinesh U. Siroya, Advocate for the Plaintiff.
Mr. Swapnil S. Narkar, Advocate for the Defendants.
-------
CORAM : ABHAY AHUJA, J.
DATE : 11 DECEMBER, 2023. P.C. :
1. This suit has been listed on board today under the caption "For
Direction".
2. When the matter is called out, both the learned counsel submit that there
are two notices of motion, one filed by the Plaintiff seeking attachment before
judgment and other filed by the Defendants under Order VII Rule 11 of the
Code of Civil Procedure, 1908.
3. Mr. Swapnil S. Narkar, learned counsel for the Defendants however
Priya R. Soparkar 1 of 2
2 6 comss 365-16 with nmcd 323-19 in comss 365-16-os.doc
submits that settlement talks are going on and the matter is likely to be settled
and a written proposal has already been sent to the Plaintiff three months back.
4. Mr. Dipesh U. Siroya, learned counsel for the Plaintiff submits that since
the terms proposed by the Defendants have not been agreed and therefore, no
settlement has taken place till now.
5. Mr. Siroya submits that the principal amount due from the Defendants is
Rs.4,08,00,000/- and the claim made in the suit is alongwith interest.
6. Let the Defendants send fresh proposal to the Plaintiff within a period of
two weeks so that the matter can be amicably settled. Let the Plaintiff revert
on the same in a week thereafter.
7. List on 15th January, 2024.
(ABHAY AHUJA, J.)
Priya R. Soparkar 2 of 2
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