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Bombay High Court

Antrix Diamond Exports Pvt. Ltd vs Brilliand Gems on 21 March, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:4812


                                                                                     2-COMSS-252-2018.doc


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

                                    COMMERCIAL SUMMARY SUIT NO.252 OF 2018

                    ANTRIX DIAMOND EXPORTS PVT. LTD.                            )...PLAINTIFF
                             V/s.
                    BRILLIAND GEMS                                              )...DEFENDANT

                    None for the Plaintiff.
                    None for the Defendant.

                                                   CORAM         :      ABHAY AHUJA, J.
                                                   DATE          :      21st MARCH 2024

                    P.C. :


1. None for the Plaintiff. None for the Defendant.

2. On 27th February 2024, the following order was passed :

"1. None appears for the Plaintiff.
2. On 23rd January 2024, the following order was passed :
"1. None for the Plaintiff.
2. A perusal of the plaint indicates that the Suit has been valued at Rs.24,37,43,504/- although the learned Associate informs that this Suit is part of the list that has been notified for transfer to the Bombay City Civil Court. However, since the amount is above Rs.10,00,00,000/-, Registry to remove this matter from the said list.
3. A perusal of the record also indicates that although leave under Clause XII of the Letters Patent has been granted in the matter, it does not appear that the writ of summons has been issued in the said Suit. However, since none appears, list on 27th February 2024."
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2-COMSS-252-2018.doc

3. However, since none appears even today, list for dismissal on 21st March 2024."

3. Today, again, none appears for the Plaintiff.

4. Accordingly, the Suit is dismissed.

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