Order 2

Order Details: Notice of Motion
Pdf Text: 19
14.01.2025 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.1
Commercial
Suit No.
100468/2020
NM 1237/23
NM 4455/24
Exh.22
A. B. Enterprises and Anr. Vs Real Agencies
Plaintiff side called, but absent.
Adv. Farha Khan present for defendant no. 2, 3, 4, 6 and 7.
Suit is kept back for Orders.
Later on at 13.37 Hrs.
Adv. Siddhi Shete present for plaintiff.
Adv. Abbas Rizvi present for defendant no.5.
Exh.22- Written Submissions filed by defendant no.5.
Order in Notice of Motion No. 104455 / 2024 from
Commercial Suit 100468 / 2020.
Through Notice of Motion No. 104455 / 2024, defendant
No. 5 has prayed that Suit be stayed, till the plaintiff
discloses names and residence of all partners of plaintiff No.
1 partnership firm.
Perused Record.
Heard both Learned Counsels.
Plaintiff A. B. Enterprises has preferred present Commercial
Suit No. 100468 / 2020, alleging that, he had placed Order
of Dettol Antiseptic Liquid worth Rs. 25,00,000/- with
defendant No. 1 Real Agencies, which is partnership firm of
defendant No. 2 to defendant No. 7. It is further case of
plaintiff that, defendants failed to deliver the goods,
compelling plaintiff to seek for recovery of Rs. 27,25,000/-
with interest @ 18 % p. a.
Perusal of record shows that, defendant No. 2, No. 3, No. 4
and No. 6 have filed their Written Statement at Exh.7, while
defendant No. 5 has filed its Written Statement at Exh. 6.
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14.01.2025
Sr. No.1
Commercial
Suit No.
100468/2020
NM 1237/23
NM 4455/24
Through Notice of Motion No. 104055 / 2024, it is case of
defendant No. 5 that, plaintiff is partnership firm. However,
it has not disclosed names and residence of all partners.
This is material information. So, pending said disclosure
from plaintiff, Suit be stayed.
Notice of Motion is opposed by plaintiff contending that,
similar ground was raised by defendant No.5 in Notice of
Motion No. 102415 / 2021 and said Notice of Motion is
dismissed by this Court on 13.12.2022. Further, present
Notice of Motion No.104455 / 2024 has been falsely filed,
merely to delay the proceeding and hence, it should be
dismissed.
Perused Order Dt. 13.12.2022 from Notice of Motion No.
102415 / 2021.
In said Notice of Motion No. 102415 / 2021, defendant No.
5 has prayed for rejection of Plaint on the ground that, he is
misjoinder. It does not appear that, defendant No. 5 has
sought disclosure of names of partners of plaintiff
partnership firm. So, Order Dt. 13.12.2022 from Notice of
Motion No. 102415 / 2021 will have no bearing on present
Notice of Motion.
Whether plaintiff is registered partnership firm or not,
whether it has properly filed the Suit or not, whether it has
disclosed names of partners or not, whether said disclosure
is essential or not and similar all other questions can be
raised by defendants during cross-examination of plaintiff’s
witness. Accordingly, on the strength of said cross-
examination and evidence of plaintiff’s witness,
maintainability of Suit can be ascertained. At this stage, said
Notice of Motion and its prayers being premature, cannot be
considered. Accordingly, following Order is passed :
ORDER
1. Notice of Motion No. 104455 / 2024, is rejected.
2. Proceeding of Notice of Motion No. 104455 / 2024
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is closed.
3. Parties be informed about their right to challenge
this Order and period of limitation for it.
4. Order dictated and pronounced in Open Court.
5. Record of Notice of Motion No. 104455 / 2024
shall be part of Commercial Suit No. 100468 /
2020.
Parties to e-file their respective pleadings, Interim
Applications (Chamber Summons, Notice of Motions,
Summons for Judgment, replies, joinder, rejoinders, etc.),
Written arguments, documents in OCR compatibility.
Suit adjourned to 29.01.2025 for NM hearing.
Judge
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