M/S. Srk Limited vs Mr. Amit Lathia The Proprietor Of M/S. ...
2023 Latest Caselaw 12533 Bom

Bombay High Court

M/S. Srk Limited vs Mr. Amit Lathia The Proprietor Of M/S. ... on 11 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                               1                     7 comss 366-16-os.doc


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

                         COMMERCIAL SUMMARY SUIT NO.366 OF 2016

 M/s SRK Limited                            ... Plaintiff
       Vs.
 Mr. Amit Lathia                            ... Defendant
                                               -------

 None for the Plaintiff.
 None for the Defendant.
                                              -------

                              CORAM :       ABHAY AHUJA, J.

                              DATE :        11 DECEMBER, 2023.


 P.C. :

1. On 15th February, 2021, the following order was passed :-

"1. None present for the plaintiff.

2. The affidavit of service indicates that the writ of summons was served on the defendant on 3rd March 2016 and the defendant entered appearance on 11 th March 2016. It does not appear that the plaintiff has thereafter taken out the summons for judgment.

3. List the suit for dismissal order on 8th March 2021."

2. Although it has been mentioned in the above order that the suit be listed

for dismissal on 8th March, 2021, however, the same was not listed under the

said caption.

3. Again today none appears for the Plaintiff nor for the Defendant and as

Priya R. Soparkar 1 of 2

2 7 comss 366-16-os.doc

recorded earlier no Summons for Judgment has been taken out in the matter

although the Defendant has entered appearance on 11th March, 2016.

4. Accordingly, list on 18th December, 2024 for dismissal.

                                                     (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                                     2 of 2