Bright Performance Nutrition Private ... vs Icici Lombard General Insurance ...
2025 Latest Caselaw 3775 Bom

Bombay High Court

Bright Performance Nutrition Private ... vs Icici Lombard General Insurance ... on 21 August, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                              11. COMS 79-22.doc


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

                         COMMERCIAL SUIT NO. 79 OF 2022

 Bright Performance Nutrition Pvt. Ltd.                         ...Plaintiff
       V/s.
 ICICI Lambard General Insurance Co. Ltd.                       ...Defendant

 Mr. Vishal Sheth with Mr. Kunal Naik, Mr. Ram Jay Narayan and Ms.
 Diksha Brahma i/b Mr.Bimal Rajasekhar for the Plaintiff
 Ms. Varsha Chavan for the Defendant.

                           CORAM    :    ABHAY AHUJA, J.

                           DATE     :    21st AUGUST, 2025
 P.C. :

1. Pursuant to the earlier orders of this Court, today when the

matter is called out, it is observed from the proceedings that the Suit is

an undefended Suit as no written statement has been filed within a

period of 120 days.

2. Mr. Sheth, learned Counsel appears for the Plaintiff and draws

this Court's attention to the order VIII Rule 10 of the Code of Civil

Procedure, 1908 and submits that this Court may proceed to pronounce

judgment against the Defendant or make such order in relation to the

suit as the Court deems fit.

11. COMS 79-22.doc

3. Ms. Chavan, learned Counsel appears for the Defendant and

submits to the orders of the Court.

4. Having heard the learned Counsel and having considered their

submissions, this Court directs the Plaintiff to file affidavit of evidence

and compilation of documents within a period of four weeks along with

the list of witnesses.

5. Discovery and inspection to be completed within a period of two

weeks thereafter.

6. Statement of admission and denial be filed within a period of

two weeks thereafter with copy to the other side.

7. List on 9th October, 2025 for marking of the Plaintiff's documents.

8. Let the Plaintiff's witness remain present on the next date.

(ABHAY AHUJA, J.) Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2025.08.22 14:57:01 +0530