Order 2

Order Details: Notice of Motion
Pdf Text: N/m No. 522/2020 in Comm. Suit No. 103/19. 1 Order.
MHCC010013642020
Presented on : 03-02-2020
Registered on : 03-02-2020
Decided on : 23-02-2021
Duration : 1 years, 0 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 522 OF 2020
IN
COMMERCIAL SUIT NO. 103 OF 2019
M/s Pacific Infotech Pvt. Ltd. ...Plaintiff
Versus
M/s Jai Ambe Manufacturers Ltd. and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 23rd FEBRUARY, 2021.
Mr. Amit Saphale, Advocate for Plaintiff.
Mr. Krishnan Ayyar, Advocate for Defendants No.1 to 4.
ORDER
This is a motion submitted by defendants under Order 7
Rule 11 of CPC, contended that present suit is beyond limitation.
Perused reply submitted by plaintiff.
2. Learned Adv. Krishnan Ayyar for defendants no.1 to 4
submits that in view of cause of action mentioned in the plaint, it was
arose on 12/05/2016, however, suit is filed on 14/08/2019. Therefore,
according to defendants, suit is barred by limitation.
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N/m No. 522/2020 in Comm. Suit No. 103/19. 2 Order.
3. It is added by learned Adv. Krishnan Ayyar that there is no
office of defendants at Masjid Bunder. On the other hand, all
manufacturing units of defendants are situated at Mira Road and
Silvasa. Therefore, this Court does not vest the territorial jurisdiction.
4. It is to note that there is no such pleading to the extent of
territorial jurisdiction. On perusal of letter correspondence and
registered address of the defendant company, it is at Masjid Bunder,
therefore, this Court vests the jurisdiction.
5. Heard learned Adv. Saphale for plaintiff. It is necessary to
note, intimation was given to the defendant no.1 to remain present for
pre-institution mediation on 15/03/2019. The report of pre-institution
mediation is excluded in view of Chapter IIIA Section 12A Proviso to
sub-section (3). It runs as follows :
“Provided further that, the period during which
the parties remained occupied with the pre-
institution mediation, such period shall not be
computed for the purpose of limitation under the
Limitation Act, 1963.”
6. There is a provision of “kachcha” register in civil manual. It
is settled principle of law that institution of suit require to consider from
the date of registration under “kachcha” register. Same analogy is
applicable in present suit. In short, suit is well within limitation.
Resultantly, there is no substance in motion. Hence the order :
- ORDER -
1. Notice of Motion No. 522/2020 stands rejected.
2. Written statement of defendant is there on record, both
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N/m No. 522/2020 in Comm. Suit No. 103/19. 3 Order.
side to submit their draft issues to expedite hearing.
3. N/m No. 522/2020 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 23/02/2021. Mumbai.
1. Dictated on : 23/02/2021.
2. Transcribed on : 25/02/2021.
3. Signed on : 25/02/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/02/2021. 5.51 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 23/02/2021.
Judgment/Order signed by P.O. on 25/02/2021.
Judgment/Order uploaded on 25/02/2021.
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