Gini Silk Mills Limited vs Soham Fashions And 3 Ors
2022 Latest Caselaw 1600 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               [ COMMERCIAL DIVISION ]

                 COMMERCIAL SUMMARY SUIT NO.1296 OF 2019
                           ALONG WITH
           SUMMONS FOR JUDGMENT (LODGING) NO.5887 OF 2020

Gini Silk Mills Ltd.                                    .. Plaintiff-Applicant
         Vs.
Soham Fashions and Ors.                                 .. Defendants


Ms. Akshaya Puthran, with Ms. Priyanka Rane, i/by S.K. Singhi & Co., for the
Plaintiff-Applicant.
None for the Defendants.


                                             CORAM : A. K. MENON, J.

                                             DATE    : 16TH FEBRUARY, 2022.

P.C. :

1. The learned counsel for the plaintiff-applicant states that the Summons

for Judgment was taken out inadvertently and under a belief that appearance

had been entered on behalf of the defendants. She seeks leave to withdraw the

Summons for Judgment. Accordingly, the Summons for Judgment is disposed

as withdrawn.

2. The bailiff's report is said to be part of the affidavit dated 6 th March

2020, which records that postal packets sent have been returned. One of

them is unclaimed and the remaining since the addressees had left. Plaintiff

14-COMSS-1296-2019 & SJ(L)-5887-2020.doc Dixit has not made any further attempts for serving writ of summons except via e-

mail. That is insufficient. The learned counsel for the plaintiff states that she

will apply for substituted service within two weeks from today.

3. List the Suit on 2nd March 2022 "for directions".

4. It is made clear that if no application is filed for serving defendants by

substituted service, setting out all attempts at service, Suit is liable to be

dismissed on the next date.

(A.K. MENON, J.)

Digitally signed

SNEHA by SNEHA ABHAY DIXIT 14-COMSS-1296-2019 & SJ(L)-5887-2020.doc ABHAY Date:

Dixit 2022.02.17 DIXIT 14:01:42 +0530