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2020 Supreme(Bom) 690

N.J.JAMADAR
Remedial Resolutions Advisors Private Limited – Appellant
Versus
Capri UK Investments Limited – Respondent


Advocates Appeared:
For the Appellant :Virag Tulzapurkar, Senior Advocate, Sameer Pandit and Sarrah Khambati i/b Wadia Ghandy & Co.
For the Respondents:Janak Dwarkadas, Sharan Jagtiani, Senior Advocates, Tammana Naik and Abhineet Sharma i/b Voxlaw Advocates and Solicitors.

JUDGMENT :

N.J. Jamadar, J.

1. This notice of motion is taken out by the defendants seeking, inter-alia, condonation of delay of 286 days in filing the present application to recall and set aside the ex-parte decree passed by this Court on 29th August 2018, recall and set aside the aforesaid decree, set aside the order dated 21st March 2017 passed by the Prothonotary and Senior Master transferring the commercial suit to the list of undefended suits and also to grant four weeks time to the applicants/defendants to file written statement and contest the suit.

2. This notice of motion arises in the backdrop of the following facts:

    (a) The respondents-plaintiffs had instituted the suit principally to compel the defendants to perform the obligation under the Commitment Agreement. In sum and substance, the case of the plaintiffs was that the plaintiff No. 1 is a Private Limited Company incorporated under the provisions of the Companies Act, 1956. The plaintiff No. 2 is a company incorporated under the laws of the State of Delaware, USA. The plaintiff No. 3 is Promoter Director of the plaintiff No. 2 and the Director and Executive Chairman of plaintiff No. 1. The defendant No. 1 is an investm

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