Vishal Kedia vs Sureshkumar S. Bafna
2021 Latest Caselaw 8540 Bom

                                                   7 SH 08 of 2018.odt


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

              SUMMONS FOR JUDGMENT No. 108 OF 2018
                              IN
            COMMERCIAL SUMMARY SUIT No. 1215 OF 2018

       Vishal Kedia                               ... Plaintiff

               Vs.

       Sureshkumar S. Bafna                     ... Defendant

                             ********
       Mr. Vivek V. Khemka, for Plaintiff

       Mr. Vivek Kantawala a/w. Mr. Amey Patil a/w. Mr. Vivek
       M. Sharma i/b. M/s. Vivek Kantawala & Co., for
       Respondent (Org. Defendant)
                            ********

                               CORAM : DAMA SESHADRI NAIDU, J.

(VIDEO CONFERENCING)

DATED : 28TH JUNE 2021

P.C.

. On 26th February 2020, this Court granted to the defendant conditional leave to defend. The condition was to deposit Rs.1,50,00,000/- within eight weeks. That has not been complied with. So, now, the plaintiff has pressed for a decree.

2. To explain why he could not comply with the condition, the defendant has narrated at length, through his counsel, the diffculties he had faced in

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7 SH 08 of 2018.odt

securing the amount during the Covid times. Therefore, the defendant wants two more months to comply with the Court's direction, dated 26th February 2020.

3. But the learned counsel for the plaintiff has pointed out that the defendant has been delaying the matter with no justifcation.

4. Under these circumstances, though the Court does not appreciate the Defendant's dilatory devices, in the interest of justice, however, it adjourns the matter by two months--as the defendant has sought. In other words, the time this Court granted on 26th February 2020 stands extended till then; he must comply with the Court's conditional order in the next two months. Lest the Court should be compelled to proceed further according to the law.

Post the matter on 30th August 2021.

                               (DAMA SESHADRI NAIDU, J.)




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