Interim Order 2

Order Details: Other
Pdf Text: 1
07.01.2025 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.10
Commercial
Suit No.
100395/2020
Ravindra Singh Vs M/s. Srushti Raj Enterprises
Adv. Aditya Pratap present for plaintiff.
Adv. Mallika Pujari present for defendant.
Heard the Learned Counsels.
Perusal shows relevant dates as follows :
09.01.2020 - Suit is filed for recovery of Rs. 81,27,000/-.
Order Dt. 05.12.2019 shows that, plaintiff has sought
exemption U / Sec. 12-A of the Commercial Courts Act
regarding Pre-Institution Mediation. Same was granted by
my Learned Predecessor.
11.03.2020 - Plaintiff tendered Notice of Motion No.
101092 / 2020 seeking ad-interim reliefs.
30.04.2022 - Notice of Motion No. 101092 / 2020 was
allowed, wherein defendants were directed to deposit Rs.
28,00,000/- in the Court within period of two months from
the date of Order.
01.08.2022 - Defendants contended that, they have
challenged Order Dt. 30.04.2022, before the Hon’ble
Bombay High Court.
26.06.2023 - Defendants contended that, they have
challenged Order Dt. 30.04.2022 before the Hon’ble
Bombay High Court, however, defendants failed to disclose
details of proceedings before the Honble Bombay High
Court.
11.08.2023 - Plaintiff filed application to strike out the
defense.
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07.01.2025
Sr. No.10
Commercial
Suit No.
100395/2020
Exh. 9
08.01.2024 - For the first time, defendants orally stated that,
they have preferred Appeal from Order No. 18368 / 2022
before the Honble Bombay High Court. Again defendants
failed to file details about said Appeal from Order.
20.06.2024 - Defense Lawyer Adv. Kanekar sought his
discharge.
Throughout, on almost every day, defendants were directed
to inform about stay, if any or to file reply to Exh. 6. Till
date, defendants have not filed any details about Stay and
also not filed reply to Exh. 6. Defendants have also not filed
Written Statement. Considering aforesaid facts, following
Order is passed :
ORDER
1. Suit to proceed without Written Statement.
2. Order dictated and pronounced in presence of
aforesaid Counsels.
3. Parties to take appropriate steps as per stage of
Suit.
Exh. 9 – Writ of Summons filed by plaintiff.
Plaintiff ought to have filed this Writ of Summons at the
very first instance today. However, he choose to file it, after
the Order is dictated. Further, said Writ of Summons is not
accompanied with Affidavit.
Parties to take appropriate steps.
Parties to e-file their respective pleadings, Interim
Applications (Chamber Summons, Notice of Motions,
Summons for Judgment, replies, joinder, rejoinders, etc.),
Written arguments, documents in OCR compatibility.
Suit adjourned to 07.03.2025 for steps.
Judge
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