Green Square vs Red Bricks Pvt. Ltd
2024 Latest Caselaw 1419 Bom

Bombay High Court

Green Square vs Red Bricks Pvt. Ltd on 19 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                  22-SJ-5-2024.doc


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

                   SUMMONS FOR JUDGMENT NO.5 OF 2024
                                  IN
                  COMMERCIAL SUMMARY SUIT NO.19 OF 2023
 GREEN SQUARE                                            )...PLAINTIFF
          V/s.
 RED BRICKS PVT. LTD. AND ANR.             )...DEFENDANTS
                             WITH
          COMMERCIAL SUMMARY SUIT NO.19 OF 2023
                             WITH
           INTERIM APPLICATION (L) NO.36105 OF 2023
                               IN
          COMMERCIAL SUMMARY SUIT NO.19 OF 2023

 Mr.Vishwajeet Kapse a/w. Mr.Sameer Bhalekar, Advocate for the
 Plaintiff.
 Ms.Vijaya Ingule a/w. Mr.Viren Vashi and Mr.Rupesh Mandhare,
 Ms.Ashna Shah, Advocate for the Defendants.

                               CORAM      :     ABHAY AHUJA, J.

                               DATE       :     19th JANUARY 2024

 P.C. :

1. Pursuant to earlier orders of this Court, the matter has been

listed today. Mr.Kapse, learned Counsel for the Plaintiff, seeks to

consider the application of Order XIII-A of the Code of Civil Procedure,

1908 (CPC) to the facts of this case in relation to Section 12A of the

22-SJ-5-2024.doc

Commercial Courts Act, 2015 and requests that some more time be

granted to consider the position of his client in the light of the decision

of the Hon'ble Supreme Court in the case of Patil Automation Private

Limited and Others vs. Rakheja Engineers Private Limited1.

2. Ms.Ingule, learned Counsel for the Defendants/Interim

Applicants, would submit that this Court consider the Application filed

by the Defendants and reject the plaint under Order VII Rule 11 of the

CPC.

3. Be that as it may, for Mr.Kapse to take instructions, list on

24th January 2024.

(ABHAY AHUJA, J.)

1 (2022) 10 Supreme Court Cases 1