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2019 Supreme(Bom) 813

S.J.KATHAWALLA
Leitz Tooling Systems India Private Limited – Appellant
Versus
Bharat Bhogilal Patel – Respondent


Advocates Appeared:
Rashmin Khandekar, Adv., Shashwat Rai, Adv., Nausher Kohli, Adv., K.R. Parekh, Adv.

JUDGMENT :

S.J. Kathawalla, J.

The present Review Petition has been filed by the Petitioner seeking a review of the Judgment dated 27th February, 2019 passed by this Court in Axis Bank Limited vs. Mira Gehani & Ors.,2019 SCCOnlineBom 358

2. Subsequent to the Judgment being delivered, the Petitioner filed a Praecipe dated 7th March, 2019, which read as under :

"1. By an order dated 20th August, 2018, this Hon'ble Court framed the following question of law :

"Whether in view of the amendment to the Code of Civil Procedure, 1908 by a Commercial Court, Commercial Division and Commercial Appellate Division of High Court's Act, 2015 (4 of 2016), the Defendant can be allowed to file the Written Statement after 120 days from the date of service of Writ of Summons in a Commercial Suit".

2. Pursuant to the above mentioned Order, this Hon'ble Court was pleased to decide the above issue by an Order dated 27th February, 2019.

3. In this regard, the Defendant seeks to approach this Hon'ble Court for speaking to the minutes to the said Order dated 27th February, 2019 to the extent that contention of the Defendant with respect to the provisions of the CPC, 1908 as amended by the Commercial Courts Act not



































































































































































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