Mohan Steels Limited vs Surya Global Fzc
2024 Latest Caselaw 1928 Bom

Bombay High Court

Mohan Steels Limited vs Surya Global Fzc on 23 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:1442


                                                                                33-COMSSL-1246-2019.doc


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

                                COMMERCIAL SUMMARY SUIT (L) NO. 1246 OF 2019

                    MOHAN STEELS LIMITED                                    ...PLAINTIFF
                         V/s.
                    SURYA GLOBAL FZC                                        ...DEFENDANT
                                                        WITH
                                        INTERIM APPLICATION NO.1087 OF 2019
                                                        WITH
                                           LEAVE PETITION (L) NO.1 OF 2020

                    None for the parties.


                                              CORAM    :     ABHAY AHUJA, J.

                                              DATE     :     23 JANUARY, 2024
                    P.C. :


                    1.       None for the Plaintiff.

2. On 2nd January, 2024, the following order was passed as none

appeared for the Plaintiff:-

"1. None for the Applicant-Plaintiff.

2. A perusal of the Plaint indicates that the suit has been filed for a decree of an amount of USD 42,576,996.20 along with interest. There is a Clause 12 Petition also in the record. In addition two interim applications listed today, one interim application seeks prayers in the nature of attachment before Judge and the other seeks to make the summons for judgment application absolute with costs. There are no previous orders in the matter and it appears that the matter is listed for the first time. It is also appears that no writ of summons is issued.

33-COMSSL-1246-2019.doc

3. Since the matter is being listed perhaps for the first time, list the suit along with Clause 12 Petition as well as these interim applications on 23rd January, 2024.

4. It is made clear that if none appears for the Plaintiff or the Applicants or the Petitioner in these matters, this Court may consider dismissing the suit."

3. However, today again when the matter is called out, none

appears for the Plaintiff. Accordingly, suit stands dismissed. Pending

applications/ petition accordingly stand dismissed.

(ABHAY AHUJA, J.)