D Abraham And Sons Pvt Ltd vs Cawasji Behramji And Co
2024 Latest Caselaw 1138 Bom

Bombay High Court

D Abraham And Sons Pvt Ltd vs Cawasji Behramji And Co on 17 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                        1                 12 sj 29-23 in comss 10-22-os.doc


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

                         SUMMONS FOR JUDGMENT NO.29 OF 2023
                                         IN
                        COMMERCIAL SUMMARY SUIT NO.10 OF 2022

 D. Abraham and Sons Private Limited                           ... Plaintiff
       Vs.
 Cawasji Behramji and Company and ors.                         ... Defendants

                                            -------

 Mr. Nishant Sasidharan with Mr. Naresh Chheda and Ms. Sakina
 Electricwala i/by M/s Dhruve Liladhar and Company, Advocates for the
 Plaintiff.
 Mr. Bimal N. Bhabhda, Advocate for the Defendants.

                                         -------
                            CORAM :   ABHAY AHUJA, J.

                            DATE :    17 JANUARY, 2024.


 P.C. :

1. This matter was kept back in the morning session as none appeared

for the Defendants. In the afternoon session when the matter is called out,

Mr. Bimal N. Bhabhda, learned counsel appears for the Defendants and

submits that one more last chance be given to take out an appropriate

Application seeking condonation of delay in seeking leave to defend and

to file reply.

   Priya R. Soparkar                                                                       1 of 2



                                           2           12 sj 29-23 in comss 10-22-os.doc

2. Mr. Nishant Sasidharan, learned counsel for the Plaintiff submits

that time and again on behalf of the Defendants time is sought either to

settle the matter or to file the necessary Application but no progress is

made in any direction and this Court consider listing the matter for ex-

parte decree. However, considering the request made by the learned

counsel for the Defendants, as and by way of last chance, let the

Defendants take out an Application seeking condonation of delay in

seeking leave to defend and for filing the reply within a period of two

weeks subject to payment of costs of Rs.25,000/- to the Plaintiff within the

same period.

2. List on 1st February, 2024.

3. It is made clear that if the aforesaid order is not complied with, this

Court will pass appropriate orders.

                                                  (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                                   2 of 2