Biotor Industries Ltd. And Anr vs Mrs. Coomi M. Kanga And Ors
2024 Latest Caselaw 1769 Bom

Bombay High Court

Biotor Industries Ltd. And Anr vs Mrs. Coomi M. Kanga And Ors on 22 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                          33-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 ANOTHER                  )...PLAINTIFFS
          V/s.
 MRS. COOMI M. KANGA AND OTHERS                      )...DEFENDANTS

 Mrs.Chitra Mhaske i/by Jaykar & Partners, Advocate for the Plaintiffs.
 Mr.Ajay Panicker i/by Ajay Law Associates, Advocate for the Defendant
 no.1(b).

                               CORAM   :     ABHAY AHUJA, J.

                               DATE    :     22nd JANUARY 2024

 P.C. :

1. Mrs.Chitra Mhaske, learned Counsel, appears for the Plaintiffs

and submits that some more time be granted to take out fresh

summons for judgment as permitted by order dated 4th December 2023.

2. Mr.Panicker, learned Counsel for the Defendant no.1(b) submits

that the Plaintiffs are misusing the liberty granted to them and not

disclosing the correct facts also before this Court. Learned Counsel

would submit that writ of summons is yet to be served on Defendant

no.1(c).

33-COMSS-36-2010.doc

3. Mr.Panicker also draws the attention of this Court to order dated

16th March 2018 which refers to an appeal filed against the dismissal of

Chamber Summons which was pending before the Division Bench and

therefore, the Suit was removed from board. Learned Counsel,

however, submits that the Plaintiffs have not updated the Court about

the status of the said appeal and are proceeding in the matter pursuant

to liberty.

4. Let the Plaintiffs update the Court on the status of the appeal and

accordingly take further steps in the matter as per earlier order. As an

by way of last chance to the Plaintiffs, let the summons for judgment be

taken out by 26th February 2024.

5. List on 4th March 2024.

(ABHAY AHUJA, J.)