Bombay High Court
Nandkumar Khiaram Kalati vs Atlantic Apparels on 17 January, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2024:BHC-OS:889
7-RP(L)-30785-2023-SS-24-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
REVIEW PETITION (L) NO.30785 OF 2023
IN
SUMMARY SUIT NO.24 OF 2023
WITH
SUMMARY SUIT NO.24 OF 2023
NANDKUMAR KHAIRAM KALATI AND OTHERS )...PETITIONERS
V/s.
M/S.ATLANTIC APPARELS AND OTHERS )...RESPONDENTS
Mr.Haresh Jagtiani, Senior Advocate i/by Ms.Vandana Mehta, Advocate
for the Petitioners.
None for the Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 17th JANUARY 2024
P.C. :
1. This Review Petition seeks review of order dated 5 th October
2023 passed by this Court.
2. Mr.Jagtiani, learned Senior Counsel for the Petitioners, would
submit that although there was a compilation of judgments containing
three decisions of this Court in the cases of Jitendra T. Shah & Others
(In the matter between Rasila R. Mehta and Ors. vs. Kamla Landmarc
7-RP(L)-30785-2023-SS-24-2023.doc
Real Estate Holding Private Limited and Ors.) 1, Hiral Nimesh Chheda
(In the matter between Ketan Manek and Ors. vs. Sun Vision Emrald &
Ors.)2 and Vrushali Patil and Ors. vs. MD Devcon Private Limited and
Ors.3 where relying upon the decision of this Court in the case of
Maldar Barrels Private Limited vs. Pearson Drums and Barrrels Pvt.
Ltd.4, this Court had directed the Prothonotary and Senior Master to
restrict the Court fees to a maximum of Rs.3,00,000/-, this Court has
recorded in paragraph 6 that on 12 th September 2023 when this matter
was listed, learned Senior Counsel had submitted that although there
are decisions similar to the decisions in the case of Syndicate Bank and
Others vs. S.S.Printers and Others5 and Maldar Barrels Private Limited
vs. Pearson Drums and Barrrels Pvt. Ltd. (supra), however, he could not
lay his hands upon any other contra decision other than Heena
Narendra Patel (In the matter between Pushpaben Vishwambarlal
Khetan and Ors. vs. Heena Narendra Patel and Others) 6 which the
learned Senior Counsel submitted is distinguishable. Learned Senior
Counsel submits that those three decisions are subsequent to the
decision in the case of Heena Narendra Patel (In the matter between
1 Interim Application No.25 of 2020 in Commercial Suit (L) No.1579 of 2018 dated 20th July 2022
2 Interim Application No.1076 of 2019 in Suit (L) No.1525 of 2018 dated 20th July 2022
3 Interim Application No.1811 of 2019 in Commercial Suit No.30 of 2018 dated 20th July 2022
4 Commercial Summary Suit (L) No.6044 of 2022 dated 13th July 2022
5 Manu/MH/0580/1995
6 Chamber Summons No.803 of 2014 in Suit No.3474 of 2005 dated 2nd February 2015
7-RP(L)-30785-2023-SS-24-2023.doc
Pushpaben Vishwambarlal Khetan and Ors. vs. Heena Narendra Patel
and Others) (supra) and which follow the decision of this Court in
Maldar Barrels Private Limited vs. Pearson Drums and Barrrels Pvt. Ltd.
(supra), although learned Senior Counsel fairly submits that the said
decisions have not considered the decision of this Court in Heena
Narendra Patel (In the matter between Pushpaben Vishwambarlal
Khetan and Ors. vs. Heena Narendra Patel and Others) (supra).
3. I have heard the learned Senior Counsel and considered the
submissions and also perused the three decisions cited by the learned
Senior Counsel and I am of the view that there is no merit in the
review. There is neither any error apparent on the face of the order
dated 5th October 2023 nor any sufficient reason has been made out
persuading me to review the said order, the said decisions cited by the
learned Senior Counsel also being clearly distinguishable on facts in
addition to not having considered the decision of this Court in the case
of Heena Narendra Patel (In the matter between Pushpaben
Vishwambarlal Khetan and Ors. vs. Heena Narendra Patel and Others)
(supra).
4. Accordingly, the Review Petition is rejected. There shall be no
orders as to costs.
7-RP(L)-30785-2023-SS-24-2023.doc
5. When the order rejecting the review has been passed,
Ms.Vandana Mehta, learned Advocate for the Plaintiffs seeks extension
of time granted vide order dated 5th October 2023 to pay the balance
Court fees.
6. Let the balance Court fees be paid within a period of two weeks.
7. Review Petition, accordingly, stands disposed.
(ABHAY AHUJA, J.)
