Authority: High Court of Judicature at Bombay
Order Date: 28 September 2026
Case Overview
- Petitioners: Ncm Shoava Engineers (Pvt.) Ltd. and another; Respondents: Hydrotek Engineers through partner S. R. Bhat and another.
- Writ Petition No. 954 of 2020 challenged the order dated 17 October 2019 passed by the Sixth Joint Civil Judge Senior Division, Pune, which allowed the defendant to file an application (Exhibit‑18) seeking leave to defend.
- The petition raised issues concerning alleged quality defects in parts supplied, but the court noted that the email dated 7 December 2016 from the defendant did not mention any quality concerns.
- The same email admitted the defendant’s intention to clear outstanding dues and requested a schedule for payment, in response to the plaintiff’s 3 December 2016 email threatening to withhold further parts due to pending dues.
- The principal claim amount involved was Rs 17,26,055.
Final Outcome
- The court found no merit to interfere with the trial court’s order and upheld the conditional leave granted, subject to the petitioner depositing the entire principal claim of Rs 17,26,055.
- Consequently, the writ petition was rejected in its entirety.
Topics: Civil Litigation, Contract Dispute