P.D. Associates And 2 Ors vs Mayfair Maru Developers And 2 Ors
2022 Latest Caselaw 1610 Bom

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

                    COMMERCIAL SUMMARY SUIT NO.67 OF 2021
                           ALONG WITH
           SUMMONS FOR JUDGMENT (LODGING) NO.19845 OF 2021

P.D. Associates and Ors.                                .. Applicants-Plaintiffs
            Vs.
Mayfair Maru Developers and Ors.                        .. Defendants


Adv. Joshna D'Souza, with Mr. Chirag Sancheti, i/by Bulwark Solicitors, for
the Applicants-Plaintiffs.

None for the Defendants.


                                          CORAM : A. K. MENON, J.

                                          DATE       : 16TH FEBRUARY, 2022.

P.C. :

1. Learned counsel for the applicants-plaintiffs states that the defendants,

who have been served, have not filed any reply to the Summons for Judgment.

Defendant no.1 has not entered appearance; however, defendant nos.2 and 3-

partners of defendant no.1-firm, are seen to have entered appearance.

Summons for Judgment is seen to have been served upon the Advocates for

the defendants, as recorded in the affidavit-of-service dated 16 th September

2021. There is no reply on record. Learned counsel submits that no reply has

been filed or served upon them.

2. On 14th October 2021, when this matter was listed, counsel for

defendant no.2 sought leave to defend by filing an affidavit. Time was

20-SJ(L)-19845-2021.doc Dixit granted. Defendant no.3 claimed that he has not been served with a writ of

summons, which contention has been contested by the plaintiffs. In any event,

appearance has been entered and no reply has been filed till date.

3. On 16th November 2021, time was sought by mentioning the matter.

Time was granted upto 29th November 2021. On 18th January, 2022, learned

counsel for the plaintiffs sought leave to serve the writ of summons on

defendant no.3. Today, it is submitted that writ of summons was served on

defendant no.3 on 2nd February 2022. It is stated that defendant no.3 was

served through his Advocate, under Rule 51 of the Bombay High Court

(Original Side) Rules, 1980, who has entered appearance. He undertakes to

file affidavit-of-service by 21st February 2022.

4. In view thereof, I pass the following order :-

(i) List the Suit, along with Summons for Judgment, on 23 rd

February 2022 "for final hearing".

(ii) Original documents shall be kept ready so will be the

affidavit-of-evidence of Dilipkumar Jay Narayan - partner of

plaintiff no.1.

(iii) The witness - Dilipkumar Jay Narayan shall remain present

in court on 23rd February 2022 at 2:30 p.m.

(A.K. MENON, J.)

20-SJ(L)-19845-2021.doc Digitally signed SNEHA by SNEHA ABHAY DIXIT ABHAY Date:

DIXIT   2022.02.16
        16:36:06 +0530     Dixit