REGENT COMPUTRONICS PVT. LTD.

Hubtown Limited Appellant

V/S

Idbi Trusteeship Service Limited Respondents

Referred Judgements :-

SM. KIRANMOYEE DASSI V. DR. J. CHATTERJEE [REFERRED TO]
GARIKAPATI VEERAYA VS. N SUBBIAH CHOUDHRY [REFERRED TO]
CHUNILGJ V MEHTA SONS LIMITED ADVOCATE GENERAL FOR THE STATE OF MAHARASHTRA INTERVENER VS. CENTURY SPINNING MANUFACTURING COMPANY LIMITED [REFERRED TO]
S CHATTANATHA KARAYALAR VS. CENTRAL BANK OF INDIA LIMITED [REFERRED TO]
MECHELEC ENGINEERS AND MANUFACTURERS VS. BASIC EQUIPMENT CORPORATION [REFERRED TO]
KRISHNABAL BHRITAR GANPATRAO DAHMLIKH VS. APPASAUEB TARAMARAO NIMBALKAR [REFERRED TO]
SHAH BABULAL KHIMJI VS. JAYABEN D KANIA [REFERRED TO]
B O I FINANCE LIMITED VS. CUSTODIAN [REFERRED TO]
SUNIL ENTERPRISES VS. SBI COMMERCIAL AND INTERNATIONAL BANK LIMITED [REFERRED TO]
STATE BANK OF SAURASHTRA VS. ASHIT SHIPPING SERVICES PRIVATE LIMITED [REFERRED TO]
CANBANK FINANCIAL SERVICES LIMITED VS. CUSTODIAN [REFERRED TO]
HERO VINOTH VS. SESHAMMAL [REFERRED TO]
MIDNAPORE PEOPLES CO OP BANK LTD VS. CHUNILAL NANDA [REFERRED TO]
KAMAL KUMAR DUTTA VS. RUBY GENERAL HOSPITAL LTD [REFERRED TO]
R. SARAVANA PRABHU VS. M/S. VIDEOCON LEASING & INDL. FIN. LTD [REFERRED TO]
ARUN DEV UPADHYAYA VS. INTEGRATED SALES SERVICE LTD [REFERRED TO]

JUDGEMENT

(1.) This Commercial Appeal is filed by the Appellant-Original Defendant against the Judgment and order dated 6 June 2016, passed by the learned Single Judge of the Commercial Division in Summons for Judgment whereby, refused an unconditional leave to defend and has granted a leave to defend, but conditional.

(2.) To decide the preliminary objection of the maintainability of Commercial Appeal as filed, as raised by the learned Senior Counsel appearing for the Respondents, though the parties have consented to hear the Appeal on merits, we have re-listed the matter for hearing on the maintainability as it goes to the root of the matter in view of the confusion prevailing in the Office/Registry after the transfer of such pending summary suits because of the provisions of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short, "The Commercial Courts Act").

(3.) The following are the background dates of the proceedings as per the Respondent-Plaintiff (IDBI) to decide the maintainability of the Commercial Appeal under Section 13 of the Commercial Courts Act, apart from decision on merits.

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HUBTOWN LIMITED Vs. IDBI TRUSTEESHIP SERVICE LIMITED

Referred Judgements :-

JUDGEMENT

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