The Board Of Trustees Of The Port Of ... vs Kasturi Commodities Pvt Ltd And 2 ...
2022 Latest Caselaw 8009 Bom

                                                       15-SJ-3-21+.DOC

                                                       Sayali Upasani


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


            SUMMONS FOR JUDGMENT NO.3 OF 2021
                                 IN
         COMMERCIAL SUMMARY SUIT NO.132 OF 2020


The Board of Trustees of the Port of                    ... Plaintiff
Mumbai
                  Versus
Kausturi Commodities Pvt. Ltd & Ors                   ...Defendants

Mr. Rahul Jain a/w Ms. Khushboo Rapani i/b HSA Advocates,
     for Plaintiff
None for Defendants

                             CORAM:      N. J. JAMADAR, J.

                             DATED :     18th August, 2022

PC:-

1. Heard the learned Counsel for the plaintiff.

2. The writ of summons addressed to the defendant No.3 is

returned un-served.

3. Plaintiff to take steps to serve defendant No.3 by way of

substituted service.

4. The defendant Nos. 1 and 2 seem to have filed an affidavit

seeking leave to defend the suit on 22nd January, 2021.

15-SJ-3-21+.DOC

5. The learned Counsel for the plaintiff submits that the

plaintiff has not been served with the copy of the affidavit

seeking leave to defend the suit filed on behalf of the defendant

Nos. 1 and 2.

Let the defendant Nos. 1 and 2 serve the copy of the

affidavit on the plaintiff within a period of two weeks.

6. The plaintiff is at liberty to file an affidavit-in-rejoinder

within two weeks thereafter.

7. List after four weeks.

8. In the meanwhile, the plaintiff is at liberty to file an

application for substituted service against defendant No.3.

9. List on 15th September, 2022.

[N. J. JAMADAR, J.]