Bombay High Court
Essel Infraprojects Ltd vs Sanjay Kakade on 15 April, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
7-COMSS-153-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO.153 OF 2019
ESSEL INFRAPROJECTS LTD. ... PLAINTIFF
Vs.
SANJAY KAKADE ... DEFENDANT
WITH
NOTICE OF MOTION (L) NO.1652 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO.153 OF 2019
Ms.Mrunali Lanjewar i/by MDP Partners, Advocate for the Plaintiff in
the COMSS/153/2019 and for the Respondent in NML/1652/2019.
None for the Defendant in the COMSS/153/2019 and for the
Applicant in NML/1652/2019.
CORAM : ABHAY AHUJA, J.
DATE : 15th APRIL, 2024. P.C. :
1. In this Commercial Summary Suit, the Defendant has preferred a Notice of Motion bearing Lodging No.1652 of 2019 seeking condonation of delay of 122 days in filing Vakalatnama in the Commercial Summary Suit.
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7-COMSS-153-2019.doc
2. However, none appears for the Defendant. Ms.Lanjewar, learned Counsel, appears for the Plaintiff and opposes the Notice of Motion submitting that the reason for the delay is a concocted story and the same be dismissed and the Plaintiff be permitted to furnish documents for exparte decree.
3. Be that as it may, since none appears for the Defendant/ Applicant in the Notice of Motion, as and by way of last chance, list the Notice of Motion on 30th April 2024 on the Supplementary Board.
4. It is made clear that if none appears for the Defendant in the Suit and the Applicant in the Notice of Motion, this Court will consider dismissing the Notice of Motion.
5. Let the Advocate for the Plaintiff intimate the Advocate for the Defendant / Applicant in the Notice of Motion of the next date in the matter.
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