Jethabhai Gopaljis vs Auto Morse
2023 Latest Caselaw 12077 Bom

Bombay High Court

Jethabhai Gopaljis vs Auto Morse on 4 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                33-IA-2643-2023.doc


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

                   INTERIM APPLICATION NO.2643 OF 2023
                                   IN
                 COMMERCIAL SUMMARY SUIT NO.11 OF 2023

 JETHABHAI GOPALJIS                                      )...APPLICANT

          V/s.

 AUTO MORSE                                              )...RESPONDENT

 None for the Applicant.
 Mrs. Sneha Phene a/w Mr. Ranjit Hatkar i/b Pol Legal Juris, Advocate
 for the Defendant.
                               CORAM      :     ABHAY AHUJA, J.

                               DATE       :     4th DECEMBER, 2023

 P.C. :


 1.       None for the Applicant / Plaintiff.

2. On 14th September 2023 as well as on 31 st October 2023, time

was sought on various grounds on behalf of the Applicant/Plaintiff.

3. Ms.Phene, learned Counsel for the Respondent/Defendant,

submits that last chance was granted to the Applicant on 14 th

September 2023 to file rejoinder, which is yet to be filed. Learned

Counsel submits that it appears that the Applicant/Plaintiff is not

serious about prosecuting this Application. That, although the

33-IA-2643-2023.doc

pleadings in the summons for judgment are complete, yet they do not

seem to be wanting to circulate the same.

4. This Interim Application seeks directions to the Respondent to

furnish security for the suit claim as well as direction to pay Goods and

Service Tax (GST) on all the bills raised and also a restraint on the

Respondent from lifting any goods/cargo stored with the Applicant.

5. From the conduct of the Applicant/Plaintiff, the submission made

on behalf of the Respondent/Defendant, appears to have substance.

6. Accordingly, remove from board.

(ABHAY AHUJA, J.)