The Foundry Visionmongers Ltd v. Ankur Sudhir Sachdev And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.656 OF 2016 IN SUIT NO.175 OF 2016 The Foundry Visionmongers Ltd.

....Applicant/Plaintiff V/s.

Ankur Sudhir Sachdev & Ors.

....Defendants ---- Mr. Rahul Ajatshatru a/w. Ms. Nishita D'souza i/b. Anand and anand for the applicant/plaintiff.

None for the defendants.

Ms. S.V. Golatkar, Master (Adm.) representative of Court Receiver present.

---- CORAM : K.R.SHRIRAM,J DATE : 17th JANUARY, 2017 P.C.:- By an order dated 20th January, 2016 ad-interim relief was granted by this court though the defendants had not been served. The counsel for the plaintiff states that subsequently the defendants have been served and parties had also entered into consent terms. There is a reference to that effect in the order dated 3rd October, 2016. As none of the defendants were present, notice was directed to be issued to all the defendants. On 20th October, 2016 the defendant no.1 was present in person in court and it was recorded that the defendant no.1 confirmed having signed the consent terms but he has certain issues regarding some portions of the consent terms. What are those issues

2/3 are not recorded in the said order.

Nobody is present for the defendants today and nobody has filed Vakalatnama on behalf of the defendants though served. There is a remark in the cause list that affidavit of service of one Abhijit Jadhav affirmed on 29th January, 2016 is on record. No affidavit in reply is also filed.

Therefore, the order passed on 20th January, 2016 is confirmed as order in the notice of motion. The notice of motion accordingly stands disposed.

Mr. Ajatshatru, counsel for the plaintiff states that the Court Receiver could be discharged.

The Court Receiver is hereby discharged without passing of account. Mr. Ajatshatru, counsel for the plaintiff undertakes to pay the Court Receiver's charges within two weeks of receiving the communication from the office of the Court Receiver. The undertaking is accepted. The Court Receiver Report No.103 of 2016/B Group is taken on record and accordingly disposed.

3/3 Ms. Golatkar, Master (Adm) representative of the Court Receiver states that they have seized certain evidence when the Court Receiver visited the defendants' premises and seeks leave to hand over the same to the Prothonotary and Senior Master to retain the same as part of the records and proceedings.

Leave granted. The Prothonotary and Senior Master's office to keep the same in safe custody.

(K.R.SHRIRAM,J)