Club Aquaria Enterprises vs Sunny Hospitality
2021 Latest Caselaw 13362 Bom

                                                          909-COMSS758-2018 WITH SJ88-2018.DOC




                      Atul



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                       IN ITS COMMERCIAL DIVISION
                              COMMERCIAL SUMMARY SUIT NO. 758 OF 2018
                                                        WITH
                                SUMMONS FOR JUDGMENT NO. 88 OF 2018


                      Club Aquaria Enterprises                                       ...Plaintiff
                            Versus
                      Sunny Hospitality                                           ...Defendant


                      None for the Plaintiff.
                      Mr Vishwajeet V Mohite, with Dipak Y Jadhav, for the Defendant.
                      Ms Rajeshri Kale, Master & Assistant Prothonotary (Judicial), is
                           present.


                                              CORAM: G.S. PATEL, J
                                              DATED: 17th September 2021
                      PC:-



         Digitally
                      1.

The matter is placed at the instance of the Registry which draws my attention to paragraph 13 of my order dated 12th signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: December 2018.

2021.09.18 15:06:14 +0530

2. In that order, I required the Registry to itself authenticate the copy of the plaint as registered so that it is put into transmission for service of the writ of summons. There have been several developments since, including an examination of the applicable

17th September 2021 909-COMSS758-2018 WITH SJ88-2018.DOC

forms in the High Court Original Side Rules, the Rules themselves, the relevant provisions of the Commercial Courts Act 2015, Code of Civil Procedure 1908, and a finding has been returned that for all commercial suits and commercial summary suits a copy of the plaint must accompany the writ of summons.

3. The only question is whether this copy of the Plaint needs to be authenticated separately by the department itself. That was the direction in my order of 12th December 2018. As a matter of practice, this cannot be insisted on. There is no Rule that requires this, as the Registry correctly points out. The copy of the plaint that is furnished by the Advocates for the Plaintiff only needs to be certified by the Advocates for the Plaintiff as a true copy. That will suffice for the purposes of service of writ of summons.

4. This direction will, therefore, supersede the directions in the order of 12th December 2018 to this extent.

5. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J)

17th September 2021