Interglobe Trading Fze vs Hazel Mercantile Limited
2023 Latest Caselaw 6315 Bom

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LAXMIKANT  by LAXMIKANT
           GOPAL
   2023:BHC-OS:6046-DB
GOPAL      CHANDAN
CHANDAN    Date: 2023.07.05
             17:51:00 +0530
                                      (8) IA-34795.22-AW-COMAPL-34705.22.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                 INTERIM APPLICATION (L) NO.34795 OF 2022
                                                   IN
                                       APPEAL (L) NO.34705 OF 2022
                                                   IN
                                  SUMMONS FOR JUDGMENT NO.17 OF 2020
                                                   IN
                                COMMERCIAL SUMMARY SUIT NO.602 OF 2018
                                                  WITH
                                       APPEAL (L) NO.34705 OF 2022

           Interglobe Trading FZE                                  : Applicant/Orig.Appellant.

           In the matter between

           Interglobe Trading FZE                                  :Appellant/Orig.Plaintiff
                 versus
           Hazel Mercantile Limited                                : Respondent.


           Mr. Jay Joshi i/by J. J. Juris for the Applicant/Appellant.
           Mr. Amey Patil i/by Vivek Kantawala and Co. for the Respondent.


                                              CORAM : NITIN JAMDAR, ACTING CJ. &
                                                      ARIF S. DOCTOR, J.

DATED : 4 JULY 2023.

P.C. :

This Interim Application is filed for condonation of delay in filing the Appeal. The Appeal is filed to challenge the grant of conditional leave in the Commercial Summary Suit.

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(8) IA-34795.22-AW-COMAPL-34705.22.doc

2. The learned counsel for the Applicant/Appellant fairly submits that after the Appeal was filed, the Applicant/Appellant has come across the decision of the Division Bench of this Court in following the earlier decision in the case of Skil-Himachal Infrastructure & Tourism Ltd and other v/s. IL&FS Financial Services Ltd1 this Appeal would not be maintainable.

3. The learned counsel for the Respondent also places reliance on the said decision.

4. In view of this consensus of the learned counsel for the parties across the bar and the decision of the Division Bench, the Interim Application and the Appeal are disposed of.

5. It is open to the Applicant/Appellant to take such steps as may be warranted in law.

(ARIF S. DOCTOR, J.)                                 (ACTING CHIEF JUSTICE)




1     2022 SCC OnLine Bom 3152

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