Sunil Biyani vs R.B.Mining And Company And 4 Ors
2021 Latest Caselaw 14606 Bom

                                                          29-IAL20000-2021INSL63-2021.DOC

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

SANTOSH                         INTERIM APPLICATION (L) NO. 20000 OF 2021
SUBHASH
KULKARNI                                          IN
Digitally signed by
SANTOSH SUBHASH
                                   COMM SUMMARY SUIT NO. 63 OF 2021
KULKARNI
Date: 2021.10.07
10:33:27 +0530
                      Sunil Biyani                                          ...Applicant-
                                                                                 Plaintiff
                                           Versus
                      R. B. Mining & Co. and ors.                           ...Defendants

                      Mr. Yuvraj Chokey, a/w Mr. Luckyraj Indorkar, Avina Kanad,
                          i/b Argus Partners, for the Applicant/plaintiff.
                      Ms. Supriay Mangal Pathi, i/b Ghanshyam Upadhyay, i/b Law
                          Juris, for the Defendants.

                                                 CORAM:       N. J. JAMADAR, J.

                                                 DATED :      6th OCTOBER, 2021
                      PC:-

1. Perused the report filed by Master and Assistant

Prothonotary (Judl) in terms of the order passed by this Court

on 29th September, 2021.

2. An explanation has been furnished by the concerned

official as regards the acceptance of written statement before

Summons for Judgment is considered by this Court.

3. This Court had restrained the Registry from making any

alternation in the CIS till explanation is submitted, without

leave of the Court.

4. Since explanation is submitted, the Registry may make the

alternation in the CIS.

29-IAL20000-2021INSL63-2021.DOC

5. The report submitted by the Master and Assistant

Prothonotary stands filed.

6. Heard Mr. Choksy, the learned Counsels for the applicant/

plaintiff and Ms. Pathi, the Counsel for the defendants.

7. Ms. Pathi holding for Mr. Upadhayay, the learned Counsel

for the defendants, seeks accommodation as Mr. Upadhayay is

not available today.

8. Mr. Choksy, the learned Counsel for the applicant/plaintiff

vehemently opposes the prayer for adjournment. Inviting the

attention of the Court to the orders passed by this Court, it was

submitted that time and again the matter has been adjourned

and the very purpose of filing the interim application is

frustrated by resorting to dilatory tactics.

9. It seems that the defendants have taken time to file

affidavits and advance the submissions. In the backdrop of the

nature of the prayers in the application, the application

deserves to be heard expeditiously.

10. The learned Counsel for the defendants prays for one

week's time. In the backdrop of the developments in the instant

matter, it would be difficult to accede to the submission on

behalf of the defendants for adjournment beyond this week.

11. Hence, list on 8th October, 2021.

[N. J. JAMADAR, J.]