MULTI COMMODITY EXCHANGE OF INDIA LTD. THR. ITS AUTHORISED RPRES. MR. MANOJ JAIN (C.O.O) vs M/S. MADHYA BHARAT (INTERNATIONAL) PVT. LTD.

Judgment text excerpt

PALLAVI COMM APPEAL NO 17 of 2024 MCEX Final.doc MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY Date: 2025.03.13 21:04:33 +0530 CIVIL APPELLATE JURISDICTION COMMERCIAL FIRST APPEAL NO.17 OF 2024 Multi Commodity Exchange of India Ltd. ) Company incorporated under the provisions ) of the Companies Act, 1956 ) having its registered office at Exchange Square, ) Suren Road, Chakala Andheri (East), ) Mumbai – 400 093. ) Through its Authorised representative ) Mr. Manoj Jain (Chief Operating Officer) ) ...Appellant (Orig. Plaintiff) Versus 1. M/s. Madhya Bharat (International) ) Pvt. Ltd. incorporated under the provisions ) of the Companies Act and having its registered ) office at Unit No.630 & 631, Usha Nagar Extn.,) Indore – 452 001, ) Madhya Pradesh. ) 2. Mr. Ram Kumar Agarwal ) having his address at 630, Usha Nagar Extn., ) Indore – 452 001. ) 3. Ms. SnehPrabha Agarwal ) having his address at 630,Usha Nagar Extn., ) Indore – 452 001. ) 4. Mr. Ankit Agarwal ) having his address at 630/631, ) Usha Nagar Extn., Opp. Dashara Maiden ) Indore – 452 001. ) ...Respondents (Orig. Defendants) __________ Mr. Siddhesh Bhole a/w Mr. Ashwin Pimpale and Mr. Apoorva Kulkarni i/b. SSB Legal & Advisory, for the Appellant. Mr. Sunil Chaturvedi i/b. Chiyarajawala & Co., for the Respondents. __________ CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON : 15 JANUARY 2025 PRONOUNCED ON : 13 MARCH 2025 Pallavi Wargaonkar, PS Page 1 of 20 COMM APPEAL NO 17 of 2024 MCEX Final.doc JUDGMENT (Per Advait M. Sethna), J. : 1. This Commercial First Appeal is filed against the judgment dated 8 March 2022 passed by the City Civil Court, Dindoshi in Commercial Suit No.701 of 2020 (“Impugned Judgment” for short). 2. Considering the order