Rajendra Agrawal vs T. Umashanker Shenava
2023 Latest Caselaw 10676 Bom

                                                       42-COMSS-134-2021.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

               ORDINARY ORIGINAL CIVIL JURISDICTION

              INTERIM APPLICATION (L) NO.26532 OF 2023
                                IN
               SUMMONS FOR JUDGMENT NO.16 OF 2022
                                IN
             COMMERCIAL SUMMARY SUIT NO.134 OF 2021

RAJENDRA AGRAWAL                                    )...APPLICANT

                      IN THE MATTER BETWEEN

T. UMASHANKER SHENAVA AND OTHERS                    )...PLAINTIFFS

      V/s.

BIRLA ARTS PVT. LTD. AND OTHERS          )...RESPONDENTS
                            WITH
           SUMMONS FOR JUDGMENT NO.16 OF 2022
                             IN
         COMMERCIAL SUMMARY SUIT NO.134 OF 2021
                            AND
            INTERIM APPLICATION NO.1281 OF 2023
                             IN
         COMMERCIAL SUMMARY SUIT NO.134 OF 2021

Ms.Simanthani Mohite a/w. Mr.Jay          Chheda, Ms.Shruthi D. i/by
Ms.Mansi Patel, Advocate for the Plaintiffs.
Mr.Shrinivas Bobde a/w. Ms.Mugdha Pande, Ms.Kavita Dhanuka i/by
Ms.Ekta Dalvi, Advocate for the Defendants no.1 to 15 and for the
Applicant in IAL/26532/2023.

                         CORAM        :        ABHAY AHUJA, J.

                         DATE         :        16th OCTOBER 2023



avk                                                                1/3
                                                       42-COMSS-134-2021.doc


P.C. :


1.       Not on board. Mentioned.

2. This is an Application seeking condonation of delay of 2 days in

filing affidavit in reply to the summons for judgment. Mr.Shrinivas

Bobde, learned Counsel for the Defendant no.14, would submit that the

delay has occurred due to logistic issues and the same is not

intentional. Ms.Simanthani Mohite, learned Counsel for the Plaintiffs,

submits that an incorrect statement on behalf of the said Defendant has

been made in paragraph 2 of the said Application, where it has been

stated that the writ of summons was not served upon the said

Defendant, and therefore, no Vakalatnama was filed. Learned Counsel

seeks to draw the attention of this Court to affidavit of service dated

25th July 2023 filed on behalf of the Plaintiffs and in particular to

paragraph 2 which indicates that the delivery of the writ of summons

on the said Defendant was effected on 13 th July 2023. Mr.Bobde for the

Defendant no.14 also peruses the said affidavit of service and tenders

an apology for the said statement in the Interim Application.

3. Be that as it may, having heard the learned Counsel and having

accepted the apology on behalf of Defendant no.14, the Application is

avk 2/3 42-COMSS-134-2021.doc

allowed in terms of Prayer clause (a) which reads thus :

"a. Permit to enter appearance through Advocate and condone the delay o f 2 days in filing the Affidavit in Reply."

4. The Application stands disposed.

5. List on 30th October 2023 for consideration of the summons for

judgment and for the Application for leave to defend.

6. Ms.Simanthani Mohite for the Plaintiffs has already served a

copy of the rejoinder upon the Defendants. Registry to accept the

rejoinder.

                                                                     (ABHAY AHUJA, J.)




                               avk                                                              3/3
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 17/10/2023 19:15:03