The Board Of Trustees Of B. E.S. And T. ... vs M. P. Madhya Kshetra Vidyut Vitaran Co. ...
2024 Latest Caselaw 185 Bom

Bombay High Court

The Board Of Trustees Of B. E.S. And T. ... vs M. P. Madhya Kshetra Vidyut Vitaran Co. ... on 4 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                              8-SS-3037-2004-SS-2956-2004.doc


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

                          SUMMARY SUIT NO. 3037 OF 2004
 THE BOARD OF TRUSTEES OF                              )
 THE B.E.S.AND T. UNDERTAKING                          )...PLAINTIFFS
 PROVIDENT FUND TRUST & ANR.                           )
          V/s.
 M.P.MADHYA KKSHETRA VIDYUT VITRAN CO. )
 LTD. AND OTHERS                         )...DEFENDANTS
                          WITH
                SUMMARY SUIT NO.2956 OF 2004
                          WITH
              CHAMBER SUMMONS NO.904 OF 2019
                            IN
            SUMMONS FOR JUDGMENT NO.10 OF 2017
                          WITH
              CHAMBER SUMMONS NO.905 OF 2019
                            IN
            SUMMONS FOR JUDGMENT NO.9 OF 2017

 Mr.Sumeet PalsuleDesai a/w. Mr.Aavish Shetty i/by M.V.Kini & Co.,
 Advocate for the Plaintiff.

 Mr.Netaji Gawade i/by M/s. Sanjay Udeshi & Co., Advocate for the
 Defendant no.1.

 Ms.Simeen Shaikh and Ms.Anamika Singh i/by S.K.Srivastav & Co.,
 Advocate for the proposed Defendants no.6 and 7 in Chamber
 Summonses No.904 of 2019 and 905 of 2019.


                               CORAM     :     ABHAY AHUJA, J.

                               DATE      :     4th JANUARY 2024










                                                8-SS-3037-2004-SS-2956-2004.doc


 P.C. :

1. When the matter is called out, learned Counsel for the proposed

Defendants no.6 and 7 viz. Chattisgarh State Electricity Board and the

State of Chattisgarh submits that they are opposing the Chamber

Summons filed to bring them on record in the said suit and have also

filed reply. Learned Counsel, however, submits that she needs some

time as the matter has got listed suddenly.

2. It is observed from the record that there are two Chamber

Summons in the two suits for bringing the State of Chattisgarh and the

Chattisgarh State Electricity Board on record. That there are also

Summonses for Judgment in the two Suits that have been taken out by

the Plaintiff.

3. Mr.Gawade, learned Counsel for the Defendant no.1 in both the

Suits viz. Madhya Pradesh Madhyashketra Vidyut Vitran Co. Ltd. has

filed reply in the matter. However, they seek some time to prepare.

Mr.PalsuleDesai, learned Counsel for the Plaintiff, also submits that

since the matter has got suddenly listed, he needs time to take

instructions. Accordingly, at the joint request of the learned Counsel for

the parties, list on 18th January 2024.

8-SS-3037-2004-SS-2956-2004.doc

4. Learned Associate informs that papers relating to Summary Suit

No.2956 of 2004 are not traceable. Registry is directed to reconstruct

the proceedings after taking assistance from the Advocate for the

Defendant no.1 as he submits that he has complete copies of the

proceedings in both the Suits.

(ABHAY AHUJA, J.)