Multi Commodity Exchange Of India ... vs Dream Comtrade Private Limited ...
2022 Latest Caselaw 5992 Bom

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

                           SUMMONS FOR JUDGMENT NO.8 OF 2019
                                           IN
                         COMMERCIAL SUMMARY SUIT NO.1492 OF 2018

Multi Commodity Exchange of India Ltd.                        .. Applicant-Plaintiff
                   Vs.
Dream Comtrade Pvt. Ltd. and Ors.                             .. Defendants


Ms. Sakina Ruhawala, i/by Consulta Juris, for the Applicant-Plaintiff.
Mr. Saurabh Butala, i/by Mr. Harshad Sathe and Ms. Swati Sawant, for Defendant
Nos.4 and 6.
Mr. Gautam J. Jain, i/by Mr. Bhatt, for Respondent Nos.5, 7 and 8.



                                                       CORAM : A. K. MENON, J.

                                                       DATE       : 28TH JUNE, 2022.

P.C. :

1. This Summons for Judgment is addressed to all nine defendants; however it is

stated and as set out in the affidavit-in-support that, it is directed essentially against

defendant nos.4 and 6, who have been served with writ of summons. The other

defendants have not been served. Writ of summons in the suit has also not been

served.

2. On behalf of defendant nos.4 and 6, learned counsel seeks to oppose the

application on the ground that they are directors, who are not liable under the suit

contract.

12-SJ-8-2019.doc Dixit

3. The learned counsel for the plaintiff, on instructions, states that the directors

are not personally liable. Accordingly, she seeks leave to withdraw the summons for

judgment against defendants 4 and 6.

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

(i) Summons for Judgment is disposed as withdrawn as against

defendant nos.4 and 6.

(ii) The learned Advocate for the plaintiff is directed to take steps to

serve rest of the defendants within a period of two months from

today.

(iii) If summons is not served upon rest of the defendants, as

aforesaid, list the Suit for dismissal on 29 th August 2022.

(A.K. MENON, J.)

Digitally

12-SJ-8-2019.doc signed by SNEHA SNEHA ABHAY DIXIT ABHAY Dixit Date:

DIXIT 2022.06.29 11:45:27 +0530