Alternate Clothing Company Pvt. Ltd vs Sanjay Kumar Aggarwal Liquidator ...
2023 Latest Caselaw 12794 Bom

Bombay High Court

Alternate Clothing Company Pvt. Ltd vs Sanjay Kumar Aggarwal Liquidator ... on 14 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                           12-COMSS-35-2011.doc


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

                 COMMERCIAL SUMMARY SUIT NO.35 OF 2011


 Y2K FASHIONS PVT. LTD.                   )...PLAINTIFF
      V/s.
 SANJAY KUMAR AGGARWAL LIQUIDATOR
 APPOINTED FOR PRIKNIT RETAILS LTD
 AND ORS                                  )...DEFENDANTS
                            WITH
                LEAVE PETITION NO.834 OF 2010
                             IN
           COMMERCIAL SUMMARY SUIT NO.35 OF 2011
                            WITH
           COMMERCIAL SUMMARY SUIT NO.60 OF 2010
                            WITH
                LEAVE PETITION NO.833 OF 2010
                             IN
           COMMERCIAL SUMMARY SUIT NO.60 OF 2010

 None for the Plaintiff.
 Mr. Shreyas Choudhari i/b Mr. Datta Mane, Advocate for the
 Defendants.

                               CORAM    :     ABHAY AHUJA, J.

                               DATE     :     14th DECEMBER 2023
 P.C. :

1. None is appearing for the Plaintiff. On 2nd November, 2023, the

following order was passed:-

"1. None for the parties.

2. On 4th October 2023, the following order was passed :

"1. Today when the matter is called out, Mr.Maruti Sarkar, learned Counsel appears for the Defendants no.1 to 4 and submits that pursuant to judgment dated 18 th May, 2020 by the National Company Law Tribunal, Chandigarh, the

12-COMSS-35-2011.doc

Defendant no.1 has gone into liquidation and Mr. Sanjay Kumar Aggarwal has been appointed as Liquidator in the matter and as such the Liquidator has to be substituted in place of Defendant no.1.

2. Let the Plaintiff carry out the necessary amendments to the plaint by the next date.

3. List on 25th October, 2023."

3. Since none is present on behalf of the parties, list on 14 th December 2023.

4. It is made clear that if the earlier orders are not complied with by the next date or if none is present for the Plaintiff, this Court will consider listing the suit for dismissal."

2. Today again none is present on behalf of the Plaintiff, although

Mr. Choudhari, learned Counsel appears for the Defendant.

3. On 4th October, 2023, also none had appeared on behalf of the

Plaintiff and it was informed by the Advocate for Defendants No.1 to 4

appearing on that day that Defendant No.1 had gone into liquidation

and Mr. Sanjay Kumar Aggarwal has been appointed as liquidator in

the matter and that the liquidator be substituted in place of Defendant

No.1. Accordingly, this Court had directed the Plaintiff to carry out the

necessary amendments to the plaint by the next date.

4. When the matter was thereafter listed on 2nd November, 2011,

none appeared for the Plaintiff and after the above quoted order, the

matter has been listed today.

12-COMSS-35-2011.doc

5. It was made clear on 2nd November, 2023, that if the earlier

orders are not complied with by the next date or if none is present for

the Plaintiff, this Court will consider listing the suit for dismissal.

Accordingly, list the suit under the caption "For Dismissal" on 11th

January, 2024.

(ABHAY AHUJA, J.)