Citation : 2023 Latest Caselaw 11275 Bom
Judgement Date : 2 November, 2023
27-SJ-39-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.39 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO.20 OF 2021
CHANDRAKANT SAJANLAL CHOKSI )...PLAINTIFF
V/s.
AHUJA PROPERTIES AND DEVELOPERS
AND ORS )...DEFENDANTS
WITH
INTERIM APPLICATION (L) NO.18452 OF 2021
Mr.Pradeep Thorat i/by Mr.Pravin Kadam, Advocate for the Plaintiff.
None for the Defendants.
Mr.Chandrakant Choksi, Plaintiff present in Court.
CORAM : ABHAY AHUJA, J.
DATE : 2nd NOVEMBER 2023 P.C. :
1. When the matter is called out, Mr.Pradeep Thorat, learned
Counsel for the Plaintiff, appears and tenders across the bar the
decision of this Court in Summons for Judgment No.4 of 2021 in
Commercial Summary Suit No.317 of 2020 dated 29 th August 2023 and
submits that summary suit can go on and can be decided against the
Insolvent. Learned Counsel also points out that there is an Interim
avk 1/2 27-SJ-39-2021.doc
Application that has been preferred by the Defendants seeking
condonation of delay in filing leave to defend, however, none appears
for the Insolvent / Interim Applicant.
2. It is observed from the cause-list that one Mr.Madhukar Mulay
has filed the Application on behalf of the Defendants.
3. To give one last chance for the learned Counsel for the
Defendants to appear in the matter, list on 7th December 2023.
4. Let the learned Counsel for the Plaintiff intimate the learned
Counsel for the Defendants of the next date.
5. Let the affidavit of evidence along with compilation of
documents be filed in the Registry.
(ABHAY AHUJA, J.)
avk 2/2
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge Date: 04/11/2023 18:32:01
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