Bombay High Court
Auro Gold Jewellery Pvt. Ltd. And 2 Ors vs Kiran Jain And 5 Ors on 16 January, 2019
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
27.nms.384.13..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 384 OF 2013
WITH
NOTICE OF MOTION NO. 1518 OF 2014
WITH
NOTICE OF MOTION NO. 863 OF 2013
IN
SUIT NO. 121 OF 2013
Auro Gold Jewellery Pvt Ltd and Others ..Applicants
IN THE MATTER BETWEEN
Auro Gold Jewellery Pvt Ltd and Others ..Plaintiffs
Vs.
Shri Kiran Jain and Others ..Defendants
Ms. Ankita Pawar i/b Law Global, for the Applicants/Plaintiffs.
Mr. Kirti Munshi a/w Ms. Nita Solanki I/b A. R. Bahmne and Co, for
Defendant Nos.1 and 2.
Mr. Atal B. Dubey, for Defendant Nos.3 to 6.
CORAM :- B.P.COLABAWALLA , J.
DATE :- JANUARY 16, 2019.
P. C.:
As far back on 13th June, 2017, this Court had, on the request of the Plaintiffs, adjourned the matter to 20th June, 2017. It was made clear at that time that no further time would be granted to the Plaintiffs. Despite this order, and which was Aswale 1/2 ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 05:02:39 :::
27.nms.384.13..doc passed more than one and half years back, once again the request is made on behalf of the Plaintiffs to adjourn this matter. This is on the ground that the papers and proceedings have been misplaced. Prima facie, I find that the Plaintiffs are only delaying the hearing of their Motion. In fact, Plaintiff No.3-Ritesh Jain is absconding from the country. In fact there are several enforcement directorate proceedings that are pending against Plaintiff No.3. Be that as it may, as a last opportunity, this Notice of Motion No. 384 of 2013 is adjourned to 23rd January, 2019 at 3.00 p.m.
2 It is made clear that if the Plaintiffs do not wish to proceed with Notice of Motion No. 384 of 2013, the same shall be dismissed on the next date and Notice of Motion No.863 of 2013 filed by Defendant Nos. 1 and 2 as well as Notice of Motion No. 1518 of 2014 filed by Defendant Nos.3 to 6 shall proceed.
(B. P. COLABAWALLA, J.) Aswale 2/2 ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 05:02:39 :::