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Bombay High Court

Entrust Shipping Services Pvt. Ltd vs Geodis Overseas Private Limited And 6 ... on 3 October, 2022

Author: R.I. Chagla

Bench: R.I. Chagla

                                                         22.IA.1847.22 in COMS.194.22.doc



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

                    INTERIM APPLICATION NO. 1847 OF 2022
                                     IN
                      COMMERCIAL SUIT NO. 194 OF 2022


Entrust Shipping Services Pvt. Ltd.           ...      Applicant/Plaintiff

           Versus

Geodis Overseas Pvt. Ltd. & Ors.              ...    Defendants



Mr. Biju Joseph and Sanjana Muttath for the Plaintiff.
Mr. Sachin Mhaske for Defendant No.4.
Mr. Ashish P. Agarkar for Defendant Nos.5 and 6.


                                         CORAM :     R.I. CHAGLA, J.
                                         DATED :     3rd OCTOBER, 2022.
ORDER :

1 Heard the learned Advocate appearing for the Applicant/Plaintiff.

2 By this Interim Application the Applicant is seeking an order directing Defendant Nos.1, 2, 4, 5, 6 and 7 to re-deliver in good condition 2x40' reefer containers, mentioned therein in prayer clause (a) to the Plaintiff with immediate effect.

Waghmare 1/3

22.IA.1847.22 in COMS.194.22.doc 3 The learned Advocate for Defendant Nos.4, 5 and 6 respectively are present. They have sought time to file affidavit in reply to the Interim Application.

4 The learned Advocate appearing for Defendant Nos.5 and 6 has also undertaken to file Vakalatnama within the period of one week from today.

5 Accordingly, the Defendants shall file their affidavits in reply on or before 14.10.2022.

6 Notice of this order shall be served by the Advocate for the Plaintiff on remaining Defendants who have not appeared today. 7 The learned Advocate for the Plaintiff has sought leave to serve writ of summons on Defendant Nos.2, 3 and 7 by private service including by e-mail. Leave is granted.

8 Writ of summons shall be served by the Advocate for the Plaintiff on or before 14.10.2022.

9 Defendant No.4 has taken out Interim Application (L) No.3163 of 2022 for seeking condonation of delay in filing written statement.

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22.IA.1847.22 in COMS.194.22.doc 10 The Interim Applications shall be placed on 18.10.2022, High on Board.





           Digitally signed                                                     (R.I. CHAGLA, J.)
           by WAISHALI
           SUSHIL
WAISHALI   WAGHMARE
SUSHIL     Date:
WAGHMARE   2022.10.07
           10:54:04
           +0530




                              Waghmare                                                                        3/3