Bank Of Baroda vs M/S. Atlanta Rent-A-Car And Ors
2023 Latest Caselaw 11043 Bom

                                          10.SS 2957-03 @ CHOSL 442-23 in SS 2957-03.doc


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

                         SUMMARY SUIT NO. 2957 OF 2003
                                    WITH
                        CHAMBER SUMMONS (L) NO. 442 OF
                                      IN
                       INSOLVENCY PETITION NO. 8 OF 2017


 Bank of Baroda                                       ...Plaintiff
      V/s.
 M/s Atlanta Rent A Car and Ors.                      ...Defendants

 Mr. Anant R. Bamne, for Plaintiff- Bank of Baroda.
 None for Defendants.


                           CORAM      :       ABHAY AHUJA, J.

                           DATE       :       25th October, 2023


 P.C. :

1. Today the matter is listed for dismissal, in view of the order

dated 4th October, 2023, which is quoted as under:-

"1. None for the Plaintiff and none for the Defendants.

2. On 20th September, 2023, the following order was passed:-

"1. None for the parties.

2. Learned Associate informs that the papers are being traced.

3. Accordingly, list on 4th October, 2023."

3. A perusal of the record indicates that on 19 th January, 2005 unconditional leave was granted to Defendant No.3 to defend and the suit was transferred to the list of Commercial Causes as against Defendant No.3 and Defendant No.3 granted six weeks time to file written statement. Inquiry and inspection was to be

Nikita Gadgil 1/2

10.SS 2957-03 @ CHOSL 442-23 in SS 2957-03.doc

completed four weeks thereafter and Summons for Judgment was disposed of against Defendant No.3.

4. There is also a draft decree in the proceedings against Defendants No.1 and 2. No written statement on behalf of Defendant No.3 appears to have been filed.

5. It also appears that the Plaintiff-Bank of Baroda does not seriously want to prosecute this suit.

6. Accordingly, list on 25th October, 2023 for dismissal."

2. However, today when the matter is called out, Mr. Bamne,

learned Counsel for Plaintiff-Bank appears and seeks to apologize for

not remaining present on the previous occasions. Accordingly, list on

30th October, 2023.

3. Let the Plaintiff give notice to the Defendants and file an

appropriate affidavit of service in this regard.

                                         (ABHAY AHUJA, J.)




 Nikita Gadgil                                                       2/2