PFIZER LIMITED vs M S SHIVALIK EXPORTS CORPORATION AND 5 OTHERS

Judgment text excerpt

2.IA-58-2025 in COMS 46-15.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 58 OF 2025 IN COMMERCIAL SUIT NO. 46 OF 2015 Pfizer Limited …Applicant In The Matter Between Pfizer Limited ...Plaintiff V/S. M/S. Shivalik Exports Corporation And Others …Defendants Mr. Kunal Dwarkadas alongwith Ms. Reha Parkash, Ms. Kshyama Daniel instructed by Crawford Bayley & Co., Advocate for the Plaintiff. Mr. Anirudh Hariyani alongwith Mr. Niket Jani instructed by Jani & Parekh, Advocate for the Defendant No.4 CORAM : ABHAY AHUJA, J. RESERVED ON : 5th MAY, 2025 PRONOUNCED ON : 16th JULY, 2025 ORDER. :- 1. The Applicant/Plaintiff is a company incorporated under the Indian Companies Act, 1913, an existing company under the Companies Act, 1956 and 2013. The Plaintiff is a company stated to be engaged in the manufacture and marketing of pharmaceuticals and consumer healthcare products. 2. The Defendant No. 1 is a partnership firm whose services were requisitioned by the Plaintiff under the carrying and forwarding agreement dated 28th September, 2010 and the amendment thereto Nikita Gadgil 1/18 2.IA-58-2025 in COMS 46-15.docx dated 2nd April, 2012 (the “CFA Agreement”). The Defendants No. 2 to 6 are the partners of the Defendant No. 1 firm. 3. The Applicant / Plaintiff by way of the suit is seeking a money decree against the Defendants for an amount of Rs. 8,10,19,029/- together with interest on the basis that the Defendants have inter alia breached the terms of the CFA Agreement., which breaches have allegedly resulted in losses to the Plaintiff. 4. It has been submitted that, unknown to the Applicant, during the pendency of the suit, on 31st March, 2016 the Defendant No. 1 firm was dissolved, on 6th Octobe