Nilesh Mulji Dodhia And 6 Others vs Welvan Securities Pvt. Ltd
2024 Latest Caselaw 2572 Bom

Bombay High Court

Nilesh Mulji Dodhia And 6 Others vs Welvan Securities Pvt. Ltd on 29 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

 1                                   23 comss 583-17 with ia 756-19 and nmcd 1039-18-os.doc


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

                         COMMERCIAL SUMMARY SUIT NO.583 OF 2017
                                          WITH
                           INTERIM APPLICATION NO.756 OF 2019
                                           IN
                         COMMERCIAL SUMMARY SUIT NO.583 OF 2017
                                          WITH
                            NOTICE OF MOTION NO.1039 OF 2018
                                           IN
                         COMMERCIAL SUMMARY SUIT NO.583 OF 2017

 Nilesh Mulji Dodhia and ors.                           ... Plaintiffs
       Vs.
 Welvan Securities Private Limited                      ... Defendant
                                             -------

 None for the Plaintiffs.
 Mr. Ashok Dhanuka, Advocate for the Defendant.
                                -------

                              CORAM :    ABHAY AHUJA, J.

                              DATE :     29 JANUARY, 2024.


 P.C. :

1. On 8th January , 2024 the following order was passed:-

"1. When the matter is called out, Mr.Dhanuka, learned Advocate appears for the Defendants and submits that although the Summons for Judgment has been disposed granting unconditional leave to the Defendants and the Defendants have filed Written Statement, an Interim Application under Order VII Rule 11 of the Code of Civil Procedure, 1908, is still pending. Learned Advocate submits that the Interim Application on board is not with him. A perusal of the Court record also

Priya R. Soparkar 1 of 2

2 23 comss 583-17 with ia 756-19 and nmcd 1039-18-os.doc

indicates that the said Interim Application is not part of the record. Registry to verify and place the Interim Application on board.

2. It is observed that there is one Interim Application filed for amendment of the plaint which appears to have been lodged after the date of disposal of the Summons for Judgment.

3. Let all the Interim Applications be listed together on 29 January, 2024.

th

4. Let the learned Advocate for the Defendant intimate the Advocate for the Plaintiff of the next date."

2. Mr. Dhanuka, learned Advocate appeared for the Defendant and

submits that on the last occasion also none appears for the Plaintiffs.

Learned Advocate also submits that pursuant to order dated 8 th January,

2024, the learned Advocate for the Plaintiff has been intimated, however,

still none appears for the Plaintiffs today and the matter be kept for

dismissal.

3. Accordingly, list for dismissal on 26th February, 2024.

4. Let the learned Advocate for the Defendant inform the learned

Advocate for the Plaintiffs of this order and the next date.

                                                               (ABHAY AHUJA, J.)


     Priya R. Soparkar                                                                     2 of 2