M/S Vission Advertising vs Indage Engineering Pvt. Ltd
2019 Latest Caselaw 47 Bom

                                                               26-NMS1649-13+.DOC




 Atul


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                NOTICE OF MOTION NO. 1649 OF 2013
                                         IN
                               SUIT NO. 2993 OF 2007
                                       WITH
                NOTICE OF MOTION NO. 300 OF 2014


 Vission Advertising                                                     ...Plaintif
       Versus
 Indage Engineering Pvt Ltd                                           ...Defendant


 Ms Neeta Solanki, i/b Kiran Jain & Co., for the Plaintiff.
 None for the Defendant/Applicant.


                               CORAM:       G.S. PATEL, J
                               DATED:       23rd January 2019
 PC:-


 1.

Notice of Motion No. 1649 of 2013 seeks rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 while Notice of Motion No. 300 of 2014 by the Defendant seeks that a delay of six and a half years in filing the written statement be condoned and the written statement be taken on record.

2. The Applicant is absent. Both Notices of Motion are dismissed. There will be no order as to costs.

23rd January 2019

26-NMS1649-13+.DOC

3. There being no written statement, the Plaintif will be entitled to an ex parte decree though of course the Defendant will be entitled to cross-examine the Plaintif's witness on a limited aspect of the matter but without putting up an affirmative case.

4. The Plaintif will file its Evidence Affidavit, Affidavit of Documents and compilation on or before 22nd February 2019. Copies of these will be served on the Advocates for the Defendant since they are entitled to the limited protection as noted above.

5. List the Suit for directions on 25th March 2019.

(G. S. PATEL, J)

23rd January 2019