Ashutosh Bhatt And Co. And 2 Ors vs Rajesh Harish Sharma
2022 Latest Caselaw 8017 Bom

                                                                     36-COMSS23-22.DOC

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


                                    COMM SUMMARY SUIT NO. 23 OF 2022
SANTOSH
SUBHASH               Ashutosh Bhatt & Co. and ors.                        ...Plaintiffs
KULKARNI
Digitally signed by
                                       Versus
SANTOSH SUBHASH
KULKARNI              Rajesh Harish Sharma                               ...Defendant
Date: 2022.08.18
19:37:57 +0530


                      Mr. Ramiz Shaikh, for the Plaintiffs.
                      Mr. Hubab Sayyed, i/b Thakordas & Madgavkar, for the
                           Defendant.

                                                   CORAM:     N. J. JAMADAR, J.

                                                   DATED :    18th AUGUST, 2022
                      PC:-

1. Heard the learned Counsel for the plaintiffs and the

learned Counsel for the defendant.

2. The learned Counsel for the defendant submits that

though the Summons for Judgment has been served on the

defendant on 25th July, 2022, the affidavit-in-reply seeking leave

to defend the suit could not be filed as the defendant was out of

town.

3. By way of final indulgence, one week's time is granted to

the defendant to file affidavit-in-reply and serve its copy on the

plaintiff.

36-COMSS23-22.DOC

4. In the event, affidavit-in-reply is filed and copies served on

the plaintiff within the aforesaid period, the plaintiff is at liberty

to file an affidavit-in-rejoinder within a week thereafter.

5. List on 8th September, 2022.

[N. J. JAMADAR, J.]