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Bombay High CourtWP/9396/2013dissmiss for defaultnonprosecution

M/S. Nitin Enterprises Through Proprietor Shri. Nitin Ramanuj Baldawa v. M/S. B.J. Bhandari Papers Private Limited Through Its Authorized Signatory, Shri. Manoj Natwarlal

2016-09-30Hon'Ble Shri Justice Nitin Jamdar2 pages

1 39 WP 9396-13.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9396 OF 2013 M/s Nitin Enterprises Through Proprietor Shri Nitin Ramanuj Baldawa .. Petitioner Vs M/s B.J.Bhandari Papers Private Limited Through its Authorized Signatory Shri Manoj Natwarlal .. Respondent Mr.Vivek Salunke, for the Petitioner.

None for the Respondent.

CORAM : N.M.Jamdar, J.

Friday, 30 September 2016.

P.C. :

On 19 October 2013, notice was issued and ad-interim relief was granted. Registry has endorsed that the Respondent is served. None appears for the Respondent inspite of service. The learned counsel for the Petitioner states that the Petitioner is also not contacting or responding to his queries and he has no instructions. By the impugned order, leave to defend has been granted on a condition of deposit of bank guarantee. Dispute between the parties, which is a commercial dispute may have been settled, otherwise there

2 39 WP 9396-13.doc is no reason for the parties not to appear and proceed with the matter. In the circumstances, Writ Petition is disposed of for nonprosecution. (N.M.Jamdar, J.)