Bombay High Court
The State Trading Corporation Of India ... vs Masumi Overseas Pvt. Ltd. And 2 Ors on 19 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2. COMSS 6-11 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO. 6 OF 2011
The State Trading Corporation of India Ltd. ...Plaintiff
V/s.
Mausumi Overseas Pvt. Ltd and Ors. ...Defendants
WITH
NOTICE OF MOTION NO. 17 OF 2013
WITH
NOTICE OF MOTION NO. 48 OF 2015
WITH
NOTICE OF MOTION NO. 1900 OF 2018
WITH
COMMERCIAL SUMMARY SUIT NO. 49 OF 2011
WITH
NOTICE OF MOTION NO. 114 OF 2015
IN
COMMERCIAL SUMMARY SUIT NO. 49 OF 2011
WITH
NOTICE OF MOTION NO. 1899 OF 2018
IN
COMMERCIAL SUMMARY SUIT NO. 49 OF 2011
WITH
COUNTER CLAIM (L) NO. 19723 OF 2022
IN
COMMERCIAL SUMMARY SUIT NO. 49 OF 2011
Mr. Darshit K. Jain with Ms. L. M. Jenkins i/b Vigil Juris for Plaintiff.
CORAM : ABHAY AHUJA, J.
DATE : 19th AUGUST, 2024
P.C. :
1. Pursuant to the order dated 24th July, 2024, today when the
matters are called out, Mr. Jain, learned Counsel appearing for the
2. COMSS 6-11 @ connected matters.doc
Plaintiff informs this Court that by order dated 25 th June, 2019, Court
(Coram : R. I. Chagla, J.) in view of the suit and the summons for
judgment having been filed with respect to the same subject matter, as
pending in the arbitration proceedings, had kept the arbitration
proceedings in abeyance till the hearing of the summons for judgment.
That after the summons for judgment has been disposed, the
arbitration proceedings are still pending and since there is no stay in
view of the disposal of the summons for judgment, that this Court,
therefore, once again pass an order keeping the arbitration proceedings
in abeyance. Mr. Jain also submits that the Counter Claim that has been
filed before this Court on behalf of the Defendants is identical to the
claim filed in the arbitration proceedings and therefore, also two
proceedings on the same subject matter cannot parallelly continue.
2. Mr. Jain also submits that today the matters are for framing of
issues and this Court on 3rd January, 2024 had directed exchange of
draft issues in advance. That the draft issues on behalf of the Plaintiffs
are ready, however, no such draft has been received from the
Defendants.
2. COMSS 6-11 @ connected matters.doc
3. Mr. Jain also points out that the Notices of Motion No. 114 of
2015 and 1899 of 2018 in Commercial Summary Suit No. 49 of 2011
are disposed of.
4. Registry to take note of the same and remove the same from the
board.
5. Having heard the learned Counsel and having considered his
submissions, this Court directs the Defendants to submit their draft
issues by the next date.
6. List for framing of issues on 5th September, 2024.
7. In the meanwhile, the arbitration proceedings be kept in
abeyance until further orders.
(ABHAY AHUJA, J.)
