Leitz Tooling Systems India Private Limited vs Bharat Bhogilal Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Advocates:
For the Appellants/Petitioners: Mr. Rashmin Khandekar, Mr. Shashwat Rai
For the Respondents: Mr. Nausher Kohli, Mr. K.R. Parekh

Table of Content
1. review petition for judgment interpretation (Para 1 , 2 , 3 , 4 , 5)
2. court's reasoning and legislative background (Para 6 , 8 , 9 , 12 , 18 , 19 , 20 , 21 , 24 , 28)
3. interpretation of legal provisions (Para 10 , 11 , 13 , 14 , 15 , 16 , 17)
4. direct application of statutory provisions (Para 26 , 27 , 29)
5. decision on applicability of the cpc amendments (Para 30 , 31)

JUDGEMENT:

1. 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 SCC Online Bom. 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 mentione

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BOMBAY HIGH COURTS.J. KATHAWALLA, JLeitz Tooling Systems India Private Limited – AppellantVersusBharat Bhogilal Patel – Respondent

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