Govindarajan Sankaran vs Messrs Shreeji Combine And 4 Ors
2024 Latest Caselaw 191 Bom

Bombay High Court

Govindarajan Sankaran vs Messrs Shreeji Combine And 4 Ors on 4 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                             33. SJL 22051-23 in SS 6-23.doc


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

                 SUMMONS FOR JUDGMENT (L) NO. 22051 OF 2023
                                   IN
                       SUMMARY SUIT NO. 6 OF 2023


 Govindarajan Sankaran                                             ...Plaintiff
      V/s.
 M/s Shreeji Combine And Ors.                                      ...Defendants

 Mr. Firoz Bharucha with Ms. Nikita Vardhan i/b Kanga & Co. for
 Plaintiff.
 Mr. Rubin Vakil with Mr. M. P. Vora i/b Pramodkumar & Co. for
 Defendants No. 1 to 4.
 Mr. Yuvraj Choksy with Mr. Ranjit Shetty and Ms. Avina Karnad i/b
 Argus Partners for Defendant No.5.

                                CORAM    :        ABHAY AHUJA, J.

                                DATE     :        4th JANUARY, 2024
 P.C. :

1. Mr. Bharucha, learned Counsel for the Plaintiff has concluded his

arguments in summons for judgment relying upon the decision of this

Court in the case of SRL Limited Vs. Techtrek India Limited1.

2. Mr. Vakil and Mr. Choksy, learned Counsel for Defendants have

raised a preliminary issue with respect to the institution of this suit as a

summary suit simplicitor and not as a summary suit under commercial

division.Learned Counsel would submit that the dispute falls within the

1 2014 SCC OnLine Bom 193

33. SJL 22051-23 in SS 6-23.doc

definition of a commercial dispute under Section 2(c) of the

Commercial Courts Act and therefore, the plaint be returned to be filed

as a suit filed under the commercial division as the commercial

summary suit and not a summary Suit simplicitor.

3. Learned Counsel seek some time to tender judgments n support

of their contentions. Accordingly, at their request, list on 23rd January,

2024.

(ABHAY AHUJA, J.)