Multi Commodity Exchange Of India ... vs Dream Comtrade Private Limited ...
2022 Latest Caselaw 8555 Bom

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SWAROOP   by SWAROOP
          SHARAD
SHARAD    PHADKE
PHADKE    Date: 2022.08.29
          19:23:17 +0530                                                                12 sj 8 of 2019.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION
                                  COMM. SUMMARY SUIT NO.1492 OF 2018
                                                WITH
                                 SUMMONS FOR JUDGMENT NO.8 OF 2019

  Multi Commodity Exchange of India Ltd.                              ...     Plaintiff
        Versus
  Dream Comtrade Pvt. Ltd. and Ors.                                   ...   Defendants

  Ms. Sakina Ruhawala i/by Consulta Juris, for Plaintiff.
  Mr. Saiprasad Wadkar i/by Mr. Harshad Sathe, Ms. Swati Sawant, for Defendant
  Nos.4 and 6.
  Mr. Gautam J. Jain h/f Mr. M.J.Bhatt, for Defendant Nos.5, 7, 8 and 9.
                                   CORAM:        N.J.JAMADAR, J.

                                   DATE:         29th AUGUST, 2022

  P.C.:

1. Heard the learned Counsel for the Plaintiff.

2. The learned Counsel for the Plaintiff, on instructions, seeks leave to

withdraw the Suit qua Defendant Nos.5, 7 and 8 and 9.

3. Leave granted.

4. The Suit stands dismissed qua Defendant Nos.5, 7, 8 and 9.

5. The learned Counsel for the Plaintiff further submits that the Summons

for Judgment has already been withdrawn against Defendant Nos.4 and 6 and now the

Plaintiff wishes to withdraw the Suit itself against Defendant Nos.4 and 6.

6. The Suit stands dismissed qua Defendant Nos.4 and 6 also.

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7. The learned Counsel for the Plaintiff submits that now the Plaintiff

desires to prosecute the Suit against Defendant Nos.1 to 3 only. It is submitted that the

Writs of Summons addressed to the Defendant Nos.1 to 3 have been returned

unserved.

8. The learned Counsel seeks leave to take out an appropriate application

for substituted service against Defendant Nos.1 to 3.

9. Leave to take out an appropriate application is granted.

10. List on 12th September, 2022.

                                                        ( N.J.JAMADAR, J. )




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