Bombay High Court
M.T.N.L vs Sterling Computers Ltd. And Ors on 10 October, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
24-COMSS-1-1994.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO.1 OF 1994
MAHANAGAR TELEPHONE NIGAM LIMITED )...PLAINTIFF
V/s.
STERLING COMPUTERS LTD. AND OTHERS )...DEFENDANT
Mr.Niranjan Shimpi with Ms.Shivani Jadhav, Advocate for the Plaintiff.
Mr.Shrikant Rathi i/by M/S. JMB Partners, Advocate for the Defendant
no.1.
Mr.Rohan Savant a/w. Ms.Nishi Doshi i/by Parinam Law Associates,
Advocate for the Defendant no.2.
CORAM : ABHAY AHUJA, J.
DATE : 10th OCTOBER 2023 P.C. :
1. Today, when the matter is called out, Mr.Shrikant Rathi appears for the Defendant no.1 and submits that the Advocate on record has been suffering from fever since a few days and unable to attend to the matter today.
2. Mr.Rohan Savant appears for the Defendant no.2 and submits that pursuant to the order dated 15 th September 1999 passed by the learned Prothonotary and Senior Master, the suit against the Defendant avk 1/2 24-COMSS-1-1994.doc no.2 has already been dismissed and the same is now also confirmed, in view of the report of the Registry that Defendant no.2 has not been served in the matter.
3. Mr.Niranjan Shimpi, learned Counsel for the Plaintiff, would submit that he has reliably learnt that liability of the Defendants no.2 and 3 has been taken over by the Defendant no.1 but would need some time to ascertain the same.
4. In my view, the said information can also be provided by the Defendant no.1 themselves. However, since the Advocate for the Defendant no.1 is unwell, list on 2nd November 2023 for the learned Counsel for the Defendant no.1 to furnish information with respect to the assignment of liabilities of Defendants no.2 and 3 to Defendant no.1.
(ABHAY AHUJA, J.) avk 2/2 Signed by: Mrs.Arti V. Khatate Designation: PS To Honourable Judge Date: 10/10/2023 20:11:36