Il And Fs Services Limited vs Pralay Infrastructure Pvt. Ltd. ...
2021 Latest Caselaw 2121 Bom

                                                              15.comss.579.2019.odt

dik
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                       IN ITS COMMERCIAL DIVISION
                Digitally
                signed by
                Dhanappa
      Dhanappa I. Koshti
      I. Koshti Date:
                2021.02.04
                12:20:03
                +0530
                             COMM SUMMARY SUIT NO. 579 OF 2019

           IL & FS Financial Services Ltd.                   ... Plaintiff
                 Vs
           Pralay Infrastructure Pvt. Ltd. & Ors.            ... Respondents


           Mr. Prerna Gandhi i/b DSK Legal for the Plaintiff.

                                       CORAM : B. P. COLABAWALLA, J.

DATE : 2nd FEBRUARY, 2021

P.C. :

1 By an order dated 4th January, 2021, this Court had

permitted the plaintiff to serve the writ of summons on defendant

Nos. 1,4,5,6 and 8 by substituted service. The returnable date of

the writ of summons was 1st February, 2021. In compliance of the

order dated 4th January, 2021, the plaintiff has fled two affdavits

of service, one dated 29th January, 2021 and another dated 2nd

February, 2021. On going through these affdavits it is clear that

the writ of summons has now been duly served on defendant

Nos.1,4,5,6 and 8 through substituted service. The said affdavits

are taken on record. Despite service of the writ of summons

through substituted service, none have appeared on behalf of the

15.comss.579.2019.odt

said defendants. Hence, in addition to defendant Nos. 3 and 7, the

suit against defendant Nos.1,4,5,6 and 8 also shall proceed as an

undefended suit. As far as defendant Nos.2 and 9 are concerned,

the learned advocate appearing on behalf of the plaintiff has

brought to my attention that the plaintiff has fled Summons for

Judgment No. 79 of 2019. The learned advocate requests that the

Summons for Judgment be taken up for hearing as no reply has

been fled by defendant Nos.2 and 9. In these circumstances, place

Summons for Judgment No.79 of 2019 on board for hearing on 9th

February, 2021.

2 This order shall be digitally signed by the Private

Secretory /Personal Assistant of this Court. All concerned shall act

on production by fax or e-mail of a digitally signed copy of this order.

(B. P. COLABAWALLA, J. )