M/S. INDUSTRIAL AID Vs. MOHAN CHAINS LIMITED

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Soman, learned counsel for the Petitioners, and Mr. Kapse, learned counsel for the Respondent.

(2.) By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 11th September 2017 passed by the Ad-Hoc Judge, City Civil Court, Borivali Division, Dindoshi, Mumbai, in Summons for Judgment No.75 of 2014 in a Summary Suit No.76 of 2014, thereby granting conditional leave to the Petitioners for defending the said Suit.

(3.) Respondent is a Company, whereas, Petitioner No.1 is a registered Partnership Firm. Respondent is engaged in the business of manufacturing 'tailor-made goods', made of chains and accessories required mainly for industrial purposes. In the year 2002, Petitioner No.2, who is the Partner of Petitioner No.1, approached the Respondent for supply of the goods. Accordingly, in the financial year 2002-2003, the Respondent started selling tailor-made goods and raised invoices towards the said sale. During the course of business, Petitioner No.2 informed the Respondent that some tailor-made goods, so purchased, are further purchased by M/s. KSB Pumps Ltd.