TDT INFRA LIMITED Vs. TRAFIGURA INDIA PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr.R.S.Sanjanwala learned advocate assisted by Mr. Rushabh Shah learned advocate for the petitioner and Bijal Chhatrapati learned advocate for Mr. Arvind Parikh learned advocate for Sagar Associates appearing for the respondent.

(2.) After arguing the matter for some time, the basic contention with regard to the dispute in question amongst the parties, learned advocate for the petitioner herein- original defendant states that he may be permitted to withdraw the application at Exh. 14 filed under Order - VII Rule- 11 of the Code of Civil Procedure, 1908 in Commercial Suit No. 02 of 2020, which was dismissed on 1/2/2022, with liberty to file exhaustive application under Order - VII Rule- 11 of the Code of Civil Procedure, 1908. He would submit that such application shall be filed within a period of one week from today.

(3.) On the other hand, Mr. Chhtrapti, learned advocate for the respondent, would submit that the respondent herein - original plaintiff may also be permitted to file affidavit-in- reply and may be permitted to raise all the contentions at the time of filing reply.