Kiran Dinkar Nagare And Anr vs M/S. Bhavesh Enterprises And 4 Ors
2023 Latest Caselaw 11390 Bom

                                                        20-SJ-20-2021.doc


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

                INTERIM APPLICATION (L) NO.10668 OF 2021
                                  IN
                COMMERCIAL SUMMARY SUIT NO.63 OF 2017

KIRAN DINKAR NAGARE AND ANR.                      )...PLAINTIFFS

         V/s.

M/S.BHAVESH ENTERPRISES AND ORS.     )...DEFENDANTS
                         WITH
          SUMMONS FOR JUDGMENT NO.20 OF 2021
                           IN
         COMMERCIAL SUMMARY SUIT NO.63 OF 2017

Mr.Madhur Rai a/w. Mr.Sachin Kanse i/by PRS Legal, Advocate for the
Applicants/Plaintiffs.
Ms.Leena Patil, Advocate for the Respondents/Defendants.

                          CORAM       :     ABHAY AHUJA, J.

                          DATE        :     6th NOVEMBER 2023

P.C. :

1. This is an Interim Application seeking condonation of delay of

964 days in taking out summons for judgment against the Defendants.

Earlier, by order dated 23rd October 2023, this Court had, after

recording that the Application was taken out for condoning the delay in

taking out the summons for judgment beyond the period of six months,

permitted the Respondents to file an additional affidavit in reply, which

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has been filed. Rejoinder to the same has also been filed by the

Counsel for the Applicants/Plaintiffs. Learned Counsel for the

Respondents/Defendants has cited Rule 227 of the High Court Original

Side Rules in the additional affidavit in reply dated 2 nd February 2023

filed by the Respondent/Defendants no.1 and 4, which is quoted as

under :

"227. When no decree applied for within six months If the plaintiff does not apply for a decree within six months after the filing of the plaint, the suit shall be set down for dismissal on the board of the Judge in Chambers. The Prothonotary and Senior Master shall notify on his notice board the date on which the suit is to be set down and shall do so at least eight days before such date. If the plaintiff is appearing in person, the Prothonotary and Senior Master shall give notice of the date to the plaintiff by sending a letter to him by post under certificate of posting."

2. Learned Counsel submits that, therefore, since the

Applicants/Plaintiffs had not applied for a decree by way of summons

for judgment within the stipulated period of six months after the filing

of the plaint, which was on 5th December 2016 and the six months

ended on 1st September 2017, this Court direct that the suit be set

down for dismissal on the board of the Judge in Chambers.

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                                                                                      20-SJ-20-2021.doc

3. Having heard the learned Counsel and having perused the

proceedings, list this matter as per High Court Original Side Rule 227

before the Judge in Chambers.

4. Let the aspect of condonation of delay be considered by the

Judge in Chambers.

                                                                   (ABHAY AHUJA, J.)




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Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 07/11/2023 11:25:49