Suyog Happy Homes vs Sujeet Ramesh Patil
2021 Latest Caselaw 9959 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION

           SUMMONS FOR JUDGMENT (L) NO.13852 OF 2021
                            IN
             COMMERCIAL SUMMARY SUIT NO.51 of 2021

 Suyog Happy Homes                          ...    Applicant/Plaintiff

          v/s.

 Sujeet Ramesh Patil                        ...      Respondents/Defendants


 Mr.Girish S.Godbole i/b. Kaustubh Thipsay, for the plaintiff.

 Mr Mayur Khandeparkar a/w.Rohan Dakshini, Pooja Kothari and
 Anuja Bhansali i/b. Rashmikant and Partners for the defendants.

                           CORAM : DAMA SESHADRI NAIDU, J.

29th July 2021 P.C.

The plaintiff filed the suit under Order 37 of CPC, besides the provisions of the Commercial Courts Act. When the defendant entered appearance, the plaintiff served a summons for judgment. But they are yet to file a reply. Now the learned counsel for the defendant seeks time to file the reply to the plaintiff's summons for judgment and also to seek leave to defend. He wants 10 days.

2. The learned counsel for the defendant has also informed me

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that the defendant has already applied under Order 37 Rule 11 of the CPC to have the suit rejected.

3. On the other hand, Shri Girish Godbole, the learned counsel for the plaintiff, strenuously opposes the adjournment. According to him, so far no copy of the alleged application under Order 37 Rule 11 of CPC has been served on the plaintiffs. That apart, he points out that under Order 37, the suit has to be proceeded with under a strict time- frame. Though the defendant has been served with the Summons for Judgment over one month ago, to this day the defendant has not even applied for an extension of time or for adjournment; instead, he only makes an oral application without assigning any reasons for that pur- pose.

4. I note the urgency, yet the defendant is to be given one last op- portunity. So I adjourn the matter by 10 days. If the defendant fails to come up with the reply and the leave to defend, the Court will be con- strained to take further steps in the matter.

Post the matter on 10th August 2021.

(DAMA SESHADRI NAIDU, J) Lata Panjwani, P.S.