Interim Order 1

Order Details: Other
Pdf Text: 02.01.2025 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.14
Commercial
Suit No.
100702/2021
Bank of India Vs 1. M/s. S. S. Bear abd Wine
Adv. Vaibhav Kamble present for plaintiff.
Perused affidavit of service at Exh.04. As per said affidavit,
defendant no.1 is served by RPAD Suit summons on
19.07.2022.
Through same affidavit, plaintiff stated that, RPAD Suit
summons is returned from address of defendant no.2 with
postal endorsement as left.
Plaintiff argued that, defendant no.2 is proprietor of
defendant no.1. Hence, service on defendant no.1 should be
considered as service on defendant no.2.
Perusal of Para no.2 of the Plaint shows that, plaintiff has
pleaded defendant no.2 is proprietor of defendant no.1.
Considering these facts, following Order is passed-
Till date, both defendants have not filed appearance before
this Court.
Today, both defendants called, but absent.
Hence, Suit to proceed Ex-parte against both defendants.
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.
For convenience of Lawyers and Litigants, this Order is
being uploaded in PDF format.
Suit adjourned to 03.02.2024 for ex-parte evidence.
Judge
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