Kbc Bank N. V vs Ritesh Export And 6 Ors
2022 Latest Caselaw 12352 Bom

                                                                                       11-sj-44-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                       SUMMONS FOR JUDGMENT NO.44 OF 2021
                                                      IN
                                      COMMERCIAL SUMMARY SUIT NO.05 OF 2021

                      KBC Bank N.V.                                          ...Plaintiff
                            vs.
VISHAL                Ritesh Export and Others                               ...Defendants
SUBHASH
PAREKAR
Digitally signed by
                      Mr. Chirag Balsara a/w. Mr. Atul Thakkar and S. Mehta i/b. Mulla &
VISHAL SUBHASH
PAREKAR
                      Mulla & CBC, for the Plaintiff
Date: 2022.11.30
10:43:23 +0530
                      Ms. Gauri Mehta i/b. LJ Law, for Defendant Nos. 1 to 5.
                      Mr. Jainesh Jain, for Defendant Nos. 6 and 7.

                                                CORAM :    N. J. JAMADAR, J.

                                                DATE :     NOVEMBER 29, 2022

                      P.C.:

1. Heard the learned counsel for the parties.

2. The defendant Nos. 1 to 5 and defendant Nos. 6 and 7 seek

leave to tender the affidavit in reply.

3. By an order dated 22nd August, 2022 the defendant Nos. 1 to 5

and defendant Nos. 6 and 7 were directed to file affidavit in reply

within three weeks thereof.

4. The learned counsel for the defendants submit that on

account of the circumstances beyond the control of the defendants,

affidavit in reply could not be filed within the said period.

5. To advance the cause of substantive justice, defendant Nos. 1

to 5 and defendant Nos. 6 and 7 are permitted to file affidavit in

Vishal Parekar, P.A. ...1 11-sj-44-2021.doc

reply subject to payment of cost of Rs. 15,000/- each, (total costs of

Rs. 30,000/-) to the plaintiff within a period of one week.

6. The affidavits in reply are taken on record.

7. The plaintiff is at liberty to file affidavit in rejoinder within a

period of two weeks and serve copy on the defendants.

8. Payment of costs shall be a condition precedent for

considering the leave to defend.

9. List on 5th January, 2023.

                                             (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                            ...2