Bombay High Court
Mac Impex vs Benin Negoce Et Commerce International ... on 17 March, 2021
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 672 OF 2020
IN
COMMERCIAL SUIT NO.853 OF 2018
Mac Impex .. Applicant/Plaintiff
v/s.
Benin Negoce Et Commerce
International (BNCI)Saral & Ors. .. Defendants
Mr. Bhupesh Dhumatkar i/b. Ms. Alisha Pinto for the plaintiff.
Mr. Prashant P. Kulkarni for the defendant nos.1 to 3.
Ms. Sumi Soman for defendant no.5.
CORAM : A. K. MENON, J.
DATED : 17TH MARCH, 2021.
P.C. :
1. The application has been moved by the plaintiff for an order against defendants nos.3 & 4 since no written statement has been filed by them. The 3rd defendant has filed an interim application jointly with defendant nos.1 & 2 seeking condonation of delay in filing the written statement. As far as defendant nos.1 & 2 are concerned, delay was condoned.1/2
10.ia-672-20.doc wadhwa
2. As far as defendant no.3 is concerned, there is a contest as to whether the application is within the overall period of 120 days. In these circumstances, there is no question of today passing an order of "no written statement" against defendant no.3.
3. As far as defendant no.4 is concerned, Mr. Dhumatkar says that the society has been duly served. The affidavit of service does not appear on record. Mr. Dhumatkar says that the original affidavit of service along with summons has been filed in the registry on 5 th March, 2019.
4. Prothonotary and Senior Master to ensure that the original affidavit of service and duplicate writ of summons bearing original acknowledgment is placed on record before the next date.
5. List on 24th March, 2021 along with IA.
(A. K. MENON, J.) Digitally signed by Sandhya Sandhya Wadhwa Wadhwa Date:
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2021.03.18 11:04:05 +0530
10.ia-672-20.doc wadhwa