M/S. Srk Limited vs Mr. Amit Lathia The Proprietor Of M/S. ...
2023 Latest Caselaw 12945 Bom

Bombay High Court

M/S. Srk Limited vs Mr. Amit Lathia The Proprietor Of M/S. ... on 18 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

2023:BHC-OS:14894


                                                                                  2.Comss 366-16.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
                          V/s.
                    Amit Lathia The Proprietor of M/s Jainam Impex                  ...Defendant

                    None for the parties.
                                                CORAM       :      ABHAY AHUJA, J.

                                                DATE        :      18th DECEMBER 2023
                    P.C. :

1. None for the Plaintiff, nor the Defendant.

2. On 11th December, 2023, the following order was passed:

"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 3 rd 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 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."

2.Comss 366-16.doc

3. The matter has been listed for dismissal today. None appears for

the Plaintiff. Accordingly, Suit is dismissed.

(ABHAY AHUJA, J.)