The Board Of Trustees Of The Port Of ... vs Kasturi Commodities Pvt Ltd And 2 Ors 2024 Latest Caselaw 54 Bom

Bombay High Court The Board Of Trustees Of The Port Of ... vs Kasturi Commodities Pvt Ltd And 2 Ors on 2 January, 2024 Author: Abhay Ahuja Bench: Abhay Ahuja 37-sj-3-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.3 OF 2021 IN COMMERCIAL SUMMARY SUIT NO.132 OF 2020 The Board of Trustees of the Port of Mumbai ...Plaintiff V/s. Kasturi Commodities Pvt Ltd and Ors ...Defendants Ms. Khushboo Rupani i/b HSA, Advocate for the Plaintiff. Mr. A. Desai i/b Pythagoras Legal, Advocates for the Defendants No.1 and 2. CORAM : ABHAY AHUJA, J. DATE : 2nd JANUARY, 2024 P.C. : 1. When the matter is called out, Ms. Rupani, learned Counsel appears for the Plaintiff and submits that as far as Defendants No. 1 and 2 are concerned, the pleadings in the summons for judgment are complete and that this Court can hear the summons for judgment. As far as Defendant No. 3 is concerned, learned Counsel would submit that pursuant to the order dated 11th October, 2022, substituted service was permitted, which has been effected and an affidavit of service in this regard is already been filed in this Court. Learned Counsel would submit that despite substituted service, Defendant No. 3 has not entered appearance and to that extent, Plaintiff would be entitled to ex- parte decree against Defendant No.3. Nikita Gadgil 1/2 ::: Uploaded on - 03/01/2024 ::: Downloaded on - 04/01/2024 05:05:45 ::: 37-sj-3-2021.doc 2. Mr. Desai, learned Counsel for Defendants No. 1 and 2 seeks some time to file vakalatnama in the matter submitting that there has been a change of Advocate in respect of Defendants No. 1 and 2. 3. Let the vakalatnama on behalf of the new Advocate on behalf of Defendants No. 1 and 2 be filed within a period of two weeks. List on 23rd January, 2024 for hearing of the summons for judgment as far as Defendants No. 1 and 2 are concerned. (ABHAY AHUJA, J.) Nikita Gadgil 2/2 ::: Uploaded on - 03/01/2024 ::: Downloaded on - 04/01/2024 05:05:45 :::