Hasmukh Chinubhai Sheth vs Rajendra Developers And 3 Ors
2024 Latest Caselaw 2473 Bom

Bombay High Court

Hasmukh Chinubhai Sheth vs Rajendra Developers And 3 Ors on 25 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                        4. SJ 71-21 in COMSS 33-21.doc


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

                   SUMMONS FOR JUDGMENT NO. 71 OF 2021
                                   IN
                  COMMERCIAL SUMMARY SUIT NO. 33 OF 2021

 Hasmukh Chinubhai Seth                                ...Plaintiff
            V/s.
 Rajendra Developers and Ors.                          ...Defendants



 Mr. Shivam Desai with Ms. Archana Jha i/b Mr. Piyush Shah for the
 Plaintiff.
 None for the Defendant.

                           CORAM   :    ABHAY AHUJA, J.

                           DATE    :    25th JANUARY, 2024


 P.C. :

1. Mr. Desai, learned Counsel appears for the Plaintiff and submits

that pursuant to the order on summons for judgment, the Defendants

no. 1 and 2 were granted conditional leave to defend upon a deposit of

Rs. 2 Cr. within a period of six weeks from 19 th September, 2022.

However, the said deposit has not been made and the Plaintiff has also

obtained a non deposit certificate and has become entitled to apply for

ex-parte decree.

4. SJ 71-21 in COMSS 33-21.doc

2. Let the Plaintiff file affidavit of evidence along with compilation

of documents by 14th February, 2024. List for ex-parte decree on 14th

February, 2024.

(ABHAY AHUJA, J.)