Case Note & Summary
The case involved a commercial summary suit filed by National Commodity Clearing Ltd. against Dita Comtrade Limited. The High Court had previously directed the defendant to deposit a certain amount. The defendant challenged that order in the Supreme Court. On 18 February 2025, the Supreme Court declined to interfere with the High Court's order but extended the time for deposit until 31 March 2025. When the matter came up before the High Court on 2 April 2025, further directions were passed. At the hearing on 23 April 2025, the plaintiff tendered a Non-deposit Certificate dated 9 April 2025, indicating that the defendant had not made the required deposit. The court recorded the tendering of the certificate. The judgment text ends abruptly, and further orders or directions, if any, are not available in the excerpt.
Headnote
A) Commercial Law - Deposit Order Compliance - Non-deposit after extension - Act Not Mentioned - The court recorded the tendering of a Non-deposit Certificate by the plaintiff, indicating that the defendant had not deposited amounts as directed despite the Supreme Court's extension of time until 31 March 2025. (Para 1)
Issue of Consideration
Whether the defendant complied with the court's deposit order within the extended time granted by the Supreme Court
Law Points
- Deposit order compliance
- extension of time for deposit
- non-deposit certificate
- commercial summary suit procedure
Case Details
2025 LawText (BOM) (04) 66
Commercial Summary Suit No. 32 of 2020
Mr. Kevic Setalvad, Mr. Jehaan Lalkaka, Ms. Shirley Mody for Plaintiff; Mr. Pesi Modi, Ms. Kalpana Desai for Defendant
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Nature of Litigation
Commercial summary suit for recovery of money
Remedy Sought
Plaintiff sought compliance with deposit order
Filing Reason
Defendant failed to deposit amount as per court order
Previous Decisions
Supreme Court order dated 18-02-2025 extending time for deposit; High Court order dated 02-04-2025
Issues
Whether defendant complied with deposit order within extended time
Submissions/Arguments
Plaintiff tendered Non-deposit Certificate showing no deposit made
Judgment Excerpts
Mr.Setalvad, learned Senior Counsel appearing for the Plaintiff, has tendered across the bar Non-deposit Certificate dated 9th April 2025 submitting that as directed by this Court by order dated 2nd April 2025, application had been made to the Prothonotary & Senior Master in view of the order dated 18th February 2025 of the Hon’ble Supreme Court observing that the Hon'ble Supreme Court was not inclined to interfere with the order of this Court, however, extending the time to deposit till 31st March 2025 and that a fresh Non-deposit Certificate has been...
Procedural History
Commercial Summary Suit No. 32 of 2020 filed. High Court ordered deposit of amount (date not specified). Defendant appealed to Supreme Court; Supreme Court on 18-02-2025 extended time until 31-03-2025. On 02-04-2025, High Court passed further order regarding deposit. On 23-04-2025, matter called out and plaintiff tendered Non-deposit Certificate.
