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Bombay High Court

Air India Ltd vs Caribjet Inc on 19 July, 2019

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                          54.COMS.7.01.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                        IN ITS COMMERCIAL DIVISION

                                SUIT NO. 7 OF 2001
                                      WITH
                          NOTICE OF MOTION NO. 1 OF 2003
                                        IN
                                SUIT NO. 7 OF 2001

AIR India Ltd.                          ...   Plaintiff
      Versus
Caribjet Inc.                           ...   Defendant


Mr. Arun Siwach with Ms. Priyanka Mitra i/b Cyril Amarchand Mangaldas
for the Plaintiff.


                                     CORAM : R.I. CHAGLA, J.

DATED : 19th JULY, 2019. P.C. :

1 By an order dated 04.03.2019 this Court had allowed the Plaintiff to serve the writ of summons by the reputed international couriers with proof of acknowledgement, as also in a soft copy by e-mail using the e-mail addresses in the correspondence annexed to the Chamber Order referred to in the said order. It was observed by this Court that the Suit has been pending for the better part of two decades and there was no reason as to why considerably more time should be spent by the Plaintiff in attempting to serve the writ of summons through the office of the bailiff in Waghmare 1/2 ::: Uploaded on - 20/07/2019 ::: Downloaded on - 21/07/2019 01:22:55 :::
54.COMS.7.01.doc a location as far away as the West Indies. The learned Counsel for the Plaintiff states that pursuant to the order dated 04.03.2019, the Plaintiff has served the writ of summons by courier as well as e-mail upon the Defendant. He seeks permission to file affidavit of service evidencing service of the writ of summons on the Defendant on or before the next date.

2 Accordingly, list the Suit for directions on 06.08.2019.

(R.I. CHAGLA, J.) Waghmare 2/2 ::: Uploaded on - 20/07/2019 ::: Downloaded on - 21/07/2019 01:22:55 :::