Ashok Avhad v. Roy Creado

1/2 10-SJ-4-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUMMONS FOR JUDGMENT NO. 4 OF 2020 IN COMMERCIAL SUMMARY SUIT NO. 1118 OF 2019 Ashok Avhad .... Plaintiff Vs.

Roy Credo ... Defendant Mr. Ashwin Shete a/w. Mr. Prasad Sawant i/b M/s. Jayakar and Partners for plaintiff.

None for defendant.

CORAM : N.J. JAMADAR, J.

DATE : 12th JANUARY 2021 P.C.

1.

Heard the learned counsel for the plaintiff.

2.

By an order dated 31st August 2020, this Court had granted conditional leave to defend the suit on the defendant depositing in the Court a sum of Rs.76,30,541/- within a period of twelve weeks thereof. The Digitally signed by Shraddha K. Talekar Date:

2021.01.12 16:21:48 +0530 learned counsel for the plaintiff submits that the defendant has not Shraddha K.

Talekar deposited the said amount in terms of the order granting conditional leave to defend the suit. A non-deposit certificate, dated 8th December 2020 issued by the Prothonotary and Senior Master, is tendered for the perusal of Shraddha Talekar PS

2/2 10-SJ-4-2020.doc the Court.

3.

None appears for the defendant.

4.

The plaintiff shall file an affidavit in support of the claim and tender the original documents on which the plaintiff relies for the perusal of the Court.

5.

List the matter for orders on 19th January 2021. [ N.J. JAMADAR, J. ] Shraddha Talekar PS