Tata Motors Ltd vs Ghosh Brothers Automobiles And 4 ...
2022 Latest Caselaw 5664 Bom

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                             SUMMONS FOR JUDGMENT NO. 33 OF 2019

                                                                          IN

                                           COMMERCIAL SUMMARY SUIT NO. 42 OF 2016

                                                                         WITH

                                                NOTICE OF MOTION NO. 2203 OF 2019



                        Tata Motors Ltd.                                        ...      Plaintiff
                                 vs.
                        Ghosh Brothers Automobiles                              ...      Defendants
                        and 4 Ors.


                        Mr. Abhijeet Marathe for the Plaintiff.
                        Mr. Prashant Chande a/w. Mr. Jesal Shah i/b. Mr. Daru Shah and co. for
                        Defendant nos. 1 to 4.


                                                                           CORAM : A. K. MENON, J.

DATED : 21st JUNE, 2022

P.C. :

1. On behalf of the plaintiff learned counsel states that defendant no. 5

having expired he is awaiting particulars of legal heirs of defendant no. 5,

since he has no instructions to proceed against the legal heirs. In the

Digitally meantime he submits that inspection of original documents will be given signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:

2022.06.22 15:06:57 +0530

16-SJ-33-2019-NMCD-2203-2019-COMSS-42-2016.odt rrpillai within a period of four weeks from today He seeks leave to withdraw the

Summons for Judgment with liberty to file a fresh Summons for Judgment.

Accordingly, I pass the following order :

(i) Summons for Judgment is disposed as withdrawn with liberty to file

afresh.

(ii) Mr. Chande undertakes to provide names of legal heirs within one

week from today. If that is so provided, inspection shall be offered

within two weeks thereafter.

(iii) Fresh Summons for Judgment shall be filed within four weeks

thereafter.

(iv) If no Summons for Judgment is taken out list the notice of motion on

2nd August, 2022.

(A. K. MENON, J.)

16-SJ-33-2019-NMCD-2203-2019-COMSS-42-2016.odt rrpillai