Mahendar Puri v. Hind Terminals Pvt. Ltd. And 4 ORS.

Nitin 1 / 2 MNOB-NMS-629-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 629 OF 2016 IN SUIT NO. 408 OF 2015 Mediterranean Shipping Co. S.A.

...

Applicant / Defendant No. 5

IN THE MATTER BETWEEN :

Mr. Mahendar Puri ...

Plaintiff

Versus

Hind Terminals Pvt. Ltd. and Ors.

...

Defendants Ms. Chinmayee Gharg i/b. MDP and Partners for the Plaintiff. Ms.Karishma Shirke i/b. Gordhandas and Fozdar for the Applicant / Defendant No. 5.

CORAM : S.J. KATHAWALLA, J.

DATED : 17 TH MARCH, 2016 P.C. :

1.

Mentioned. Not on board. Taken on board.

2.

Perused the Notice of Motion and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) That the order dated 13 th October, 2015 passed by the Prothonotary and Senior Master in the said Suit No. 408 of 2015 be set aside.

(b) That this Hon'ble Court be pleased to condone the delay of 45 days in filing Written Statement and be pleased to take on record Written Statement of Defendant No.5.

"

Nitin 2 / 2 MNOB-NMS-629-2016 3.

The Written Statement of Defendant No.5 is taken on record. 4.

Place the above Suit for framing of issues on 16 th April, 2016.

5.

The Notice of Motion is accordingly disposed off. ( S.J.KATHAWALLA, J. )