Flextough Metals Pvt Ltd vs Krishna Fashion World And 2 Ors
2022 Latest Caselaw 4555 Bom

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

                       INTERIM APPLICATION (L) NO. 7605 OF 2022

                                              IN

                        SUMMONS FOR JUDGMENT NO. 46 OF 2014

                                              IN

                     COMMERCIAL SUMMARY SUIT NO. 110 OF 2014


Flextough Metals Pvt. Ltd. and Ors.                  ...      Applicants
                                                        (Original Plaintiffs)
           vs.
Krishna Fashion World and 2 Ors.                     ...     Defendants

Mr. Pranav Dessai i/b. K. D. Shukla for Plaintiffs.
Ms. Miloni Gala i/b. Vimla & Co. for Defendants.


                                                CORAM : A. K. MENON, J.

DATED : 28th April, 2022

P.C. :

1. Mentioned. Not on board. Taken on board by consent of parties.

2. Learned Counsel for the Applicants states that the Suit came to be

dismissed on 27.11.2020. He submits that the pandemic-driven restrictions

were very much in force and for obvious reasons, the Plaintiffs could not

attend on that day. Accordingly, he submits that the Suit be restored.

3. Heard learned counsel. I am of the view that the Suit is liable to be

restored and I pass the following order:

501_IA(L)_7605_2022.doc
Priya Kambli




 (i)       Delay is condoned.

(ii)      Suit is restored to file. Summons for judgment is also restored to file.

(iii)     Order dated 16.02.2022 stands recalled.

(iv)      List the Summons for Judgment on 06.06.2022.

(v)       Interim Application is disposed in the above terms.




                                                                   (A. K. MENON, J.)





501_IA(L)_7605_2022.doc
Priya Kambli