Jwaladutta Jankidas Huf vs Jayant Bhavanji Soni And Anr
2021 Latest Caselaw 2534 Bom

                                                            12-COMSSL1131-2019.DOC

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


                             COMM SUMMARY SUIT (L) NO. 1131 OF 2019

                   Jwaladutta Jankidas HUF                                 ...Plaintiff
                                       Versus
                   Jayant Bhavanji Soni & anr.                          ...Defendants


                   Ms. Sunanda Kumbhat, a/w Rachana Kumbhat & Ankita
                        Manjrekar, for the Plaintiff.
                   Mr. Dharmesh S. Joshi, i/b Jhangiani Narulla & Asso., for the
                        Defendants.

                                             CORAM:     N. J. JAMADAR, J.

                                             DATED :    8th FEBRUARY, 2021
                   PC:-

1. Heard the learned Counsels for the parties.

2. Mr. Joshi, the learned Counsel for the defendants, submits

that the defendants have preferred an appeal against the

judgment passed by this Court in Summons for Judgment (L)

No.91 of 2019 in Commercial Summary Suit No.1131 of 2019,

being Commercial Appeal (L) No.4309 of 2020. The learned

Counsel further submits that by an order dated 22 nd October,

2020, in Interim Application (L) No. 4776 of 2020, the Appeal

Bench had directed that in case the respondent - plaintiff moves

V. S. the Court of Single Bench, one week's advance notice be given Parekar Digitally signed by V. S. Parekar to the appellant - defendant. The Appeal Bench had reserved Date: 2021.02.08 17:54:39 +0530

12-COMSSL1131-2019.DOC

the liberty to the appellant - defendant to apply, in that

eventuality.

3. In view of the aforesaid order, the plaintiff shall give a

notice to the Counsel for the defendants of the motion for

ex parte decree in terms of Clause (iii) of the judgment dated

20th March, 2020.

4. List on 18th February, 2021.

[N. J. JAMADAR, J.]