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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL
GAURI GODSE
State Bank Of India, A Statutory Corporation Constituted Under The State Bank Of India Act, 1955 Having Its Corporate Centre At State Bank Bhavan – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
GAURI GODSE, J.
1. This application is filed by defendant no. 1 for rejection of the plaint under Order VII Rule 11(a) and (d) of the CIVIL PROCEDURE CODE , 1908 (“CPC”). Defendant no. 1 has prayed for rejection of the plaint on the ground that it does not disclose any cause of action against defendant no.1, the plaint is barred for non-compliance with the mandatory provision of Section 12- A of the COMMERCIAL COURTS ACT , 2015 (“the said Act”) and on the ground that the suit is barred by limitation.
Facts In Brief In The Plaint:
2. According to the plaintiffs, they supply bunkers to ocean- going vessels. The plaintiffs have entered into a commercial agreement under which the orders procured by them were executed. The plaintiffs have referred to them as ‘the Asean Group’. The suit is filed for a money decree against defendant nos. 1 to 11, directing them to jointly and severally pay an amount of Rs. 83,57,70,274/- to plaintiff no. 2, being the outstanding amount payable to Asean Group Credit Facility. The plaintiffs have prayed for directing defendant nos. 1 to 11 to jointly and severally pay a sum of USD 6,326,895.05 towards outstanding payable to plaintiff no. 1 towards ou
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