M/S Cecil Webber Engineering Ltd vs M/S Birla Cotsyn (India) Ltd
2022 Latest Caselaw 1639 Bom

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

                                                   SUMMONS FOR JUDGMENT NO.95 OF 2014
                                                                       IN
                                                 COMMERCIAL SUMMARY SUIT NO.52 OF 2013
                           Cecil Webber Engineering Ltd.                              .. Applicant-Plaintiff
                                          Vs.
                           Birla Cotsyn (India) Ltd.                                  .. Defendant

                           Mr. Netaji Gawde, with Mr. Rahul Sanghvi, i/by Sanjay Udeshi & Co., for the
                           Applicant-Plaintiff.
                           None for the Defendant.

                                                                         CORAM : A. K. MENON, J.

DATE : 16TH FEBRUARY, 2022. P.C. :

1. Learned counsel for the applicant-plaintiff states that the defendant- company has been ordered to be wound-up. Liquidator has been appointed and moratorium declared in 2018 has ceased to exist. In view thereof, he seeks leave to withdraw the Summons for Judgment. Learned counsel seeks time to obtain instructions on whether the plaintiff proposes to continue with the Suit.

2. Accordingly, I pass the following order :-

(i) Summons for Judgment is disposed as infructuous.

(ii) List the Suit on 23 rd February 2022 under the caption "for directions".

(A.K. MENON, J.)

Digitally signed

SNEHA by SNEHA

ABHAY ABHAY DIXIT Date:

17-SJ-95-2014.doc 2022.02.16 DIXIT 16:35:14 +0530 Dixit