Bombay High Court
Mahanagar Telephone Nigam Limited vs Sterling Computers Limited on 2 September, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
11-IAL-613-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 613 OF 2024
IN
COMMERCIAL SUMMARY SUITS NO. 1 OF 1994
Mahanagar Telephone Nigam Limited ... Applicant
In the matter between :
Mahanagar Telephone Nigam Limited ... Plaintiff
Versus
Sterling Computers Limited and others ... Defendants
Mr. Niranjan Shimpi alongwith Ms. Manisha S., Advocate for the
Applicant/Plaintiff.
Mr. Makarand Bakore instructed by JMB Partners, Advocate for the
Defendant No.1.
Mr. Rohan Savant alongwith Mr. Akshay Arora, Advocate for the
Defendant No.2.
Mr. S.D. Shinde, Senior Manager (Legal), MTNL, Mumbai.
CORAM : ABHAY AHUJA, J.
DATE : 2 SEPTEMBER, 2024 P.C. :
1. Today, when this matter is called out, it is pointed out to this Court that Defendant No.3 has been dissolved. This Court then put it to Mr. Shimpi appearing for the Applicant/Plaintiff, whether the Plaintiff would like to continue the Suit against Defendant No.3. Mr. Shimpi has taken instructions from Mr. Shinde, Senior Manager (Legal) of the Plaintiff and submits that he has instructions to delete the Kanchan Dhuri 1/2 ::: Uploaded on - 02/09/2024 ::: Downloaded on - 03/09/2024 17:11:18 ::: 11-IAL-613-2024.doc Defendant No.3 in the Suit and seeks leave of this Court to carry out necessary amendments to the Plaint as well as to the connected Interim Application. Let the amendments be carried out within a period of one week.
2. Thereafter, the Interim Application has been heard for some time. Mr. Shimpi has concluded his arguments. However, after this Court has disclosed its mind to allow the Application for issuance of fresh Writ of Summons to the Defendant No.2 and treat the appearance of Defendant No.2 as a waiver for issuance of the said Writ of Summons and grant 120 days from today to the Defendant No.2 to file Written Statement, Mr. Savant, learned Counsel for the Defendant No.2 seeks some time to take instructions in the matter.
3. Accordingly, for Mr. Savant to take instructions, list on 9th September 2024 on the Supplementary Board.
(ABHAY AHUJA, J.) Kanchan Dhuri 2/2 ::: Uploaded on - 02/09/2024 ::: Downloaded on - 03/09/2024 17:11:18 :::