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2024 Supreme(Online)(Bom) 301

HIGH COURT OF BOMBAY
S. M. MODAK, J
KORES (INDIA) LIMITED – Appellant
Versus
ASHISH KUMAR AHOOJA AND ANR – Respondent


Advocates:
Mr. Darshit Jain i/b. Mr. Mohankumar K. a/w Mr.Gireesh U.G.Menon; Ms.Shagufa Patel a/w Ms.Padma Chinta i/b. Mr.Harshad Bhadbhade; Mr.S.R.Agarkar

JUDGEMENT

1.On the basis of promises, reciprocal promises / obligations, business transactions are entered. One of the party promises to do some act and believing on it, other party promises to do another act. On the Satish Sangar / Pallavi (This order is modified as per order dated 12th June 2024) basis of such set of promises, legal obligations are created. Sometime, such transactions take place in between the two parties, whereas, in some transactions, there are three parties. Sometime, the promises are interconnected amongst all these three parties. That is to say, fulfillment of promises depends upon fulfillment by other parties. If, one of them, fails to fulfill his promises, it affects fulfillment of the promises by other two parties. In some cases, one of the parties is a formal party, that is to say, though his presence is important, but fulfillment of the promises in between other two parties does not depend upon the fulfillment of the promise by the First-Party. In the Appeals before this Court, similar issue has cropped up. Parties in this litigation

2.There are three parties involved. They are :- (a)Hewlett Packard (H.P. Company) Manufacturing Printers and Computer Perip

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