NATIONAL COMMODITY CLEARING LTD. (NCCL) vs DITA COMTRADE LTD.

Judgment text excerpt

23-COMSS-32-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUMMARY SUIT NO. 32 OF 2020 NATIONAL COMMODITY CLEARING LTD.(NCCL) )...PLAINTIFF V/s. DITA COMTRADE LIMITED )...DEFENDANT Mr.Kevic Setalvad, Senior Advocate a/w. Mr.Jehaan Lalkaka, Ms.Shirley Mody i/by K. Ashar & Co., Advocate for the Plaintiff. Mr.Pesi Modi a/w. Ms.Kalpana Desai i/by Mr.Prakash Shah, Advocate for the Defendant. CORAM : ABHAY AHUJA, J. DATE : 23rd APRIL 2025 ORAL JUDGMENT : 1. Pursuant to order dated 2nd April 2025, today when the matter is called out, Mr.Setalvad, learned Senior Counsel appearing for the Plaintiff, has tendered across the bar Non-deposit Certificate dated 9 th April 2025 submitting that as directed by this Court by order dated 2 nd April 2025, application had been made to the Prothonotary & Senior Master in view of the order dated 18 th February 2025 of the Hon’ble Supreme Court observing that the Hon'ble Supreme Court was not inclined to interfere with the order of this Court, however, extending avk 1/16 23-COMSS-32-2020.doc the time to deposit till 31st March 2025 and that a fresh Non-deposit Certificate has been obtained which clearly indicates that the Defendant in the matter had not deposited the sum of Rs.6,92,49,487.19 in this Court on or before 31 st March 2025. Mr.Setalvad submits that this Court may, therefore, pass an ex-parte decree in favour of the Plaintiff in view of Order XXXVII Rule 3(6)(b) of the Code of Civil Procedure, 1908 (the “CPC”). 2. On the other hand, Mr.Modi, learned Senior Counsel appearing for the Defendant has submitted that since this Court had found triable issues warranting filing of written statement, no order can be passed simply on the ground of non deposit of amo