Biotor Industries Ltd. And Anr vs Mrs. Coomi M. Kanga And Ors
2023 Latest Caselaw 11115 Bom

                                                       16-COMSS-36-2010.doc


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

                 COMMERCIAL SUMMARY SUIT NO.36 OF 2010

BIOTOR INDUSTRIES LTD AND ANR                      )...PLAINTIFFS
     V/s.
MRS. COMMI M. KANGA AND ORS                         )...DEFENDANTS

Mr. Murlidharan V. C. i/b Jaykar & Partners, Advocate for the Plaintiffs.
Mr. Ajay Panicker Advocate for the Defendant 1(b).

                           CORAM      :     ABHAY AHUJA, J.

                           DATE       :     30th OCTOBER 2023

P.C. :

1. Pursuant to the order dated 25th September, 2023, Mr.

Murlidharan, learned Counsel for the Plaintiff submits that the earlier

liquidator Mr. Sanjay Agarwal has already been brought on record,

however, learned Advocate seeks some time to take instructions in the

matter.

2. Mr. Panickar, learned Counsel appears for the Defendant and

draws the attention of this Court to the order dated 16 th March, 2018,

where it was recorded that there was an Appeal filed against the order

of the Single Judge and the status of the said appeal is yet to be

ascertained by the Plaintiffs. He also submits that under the said order

Nikita Gadgil 1/2 16-COMSS-36-2010.doc

it was recorded that the earlier Summons for Judgment was

withdrawn, with liberty to take out a fresh Summons for Judgment at

an appropriate stage and that nothing further needed to be done by any

of the Defendants though they had been served with the Writ of

Summons. Learned Counsel would submit that merely bringing the

liquidator on record would not be of any use, unless the said liquidator

is served with the papers and proceedings.

3. Be that as it may, for the learned Counsel for the Plaintiffs to take

instructions in the matter, list on 4th December, 2023..

                                                                       (ABHAY AHUJA, J.)




                               Nikita Gadgil                                                               2/2
Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 31/10/2023 19:59:39