← Library
Bombay High CourtNMCD/348/2016disposed off

Ashwin Maganlal Savani And ANR. v. M/S. Goldmine Telefilms Pvt.Ltd.

2021-01-27Hon'Ble Shri Justice K.R. Shriram2 pages

Meera M.

Jadhav by Meera M.

Jadhav Date:

2021.01.27 18:04:16 +0530 1/2 35.bmcd-348-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO.348 OF 2016 IN COMMERCIAL IP SUIT NO. 589 OF 2016 Ashwin Maganlal Savani & Anr ....Plaintiffs V/s.

M/s Goldmines Telefilms Pvt Ltd.

....Defendant None for Plaintiff;

Mr. Aurup Dasgupta a/w Ms. Sonam Ghiya and Ms. Jinal Vani i/b Jhangiani, Narula and Associates for Defendant.

CORAM : K.R.SHRIRAM, J.

DATED : 27th JANUARY 2021 P.C. :

None for plaintiffs/applicants. Mr. Dasgupta for defendant states that plaintiffs had not even applied for ad-interim relief. Thereafter, plaintiffs had taken out a chamber summons for leave to amend the plaint, which was withdrawn on 17th June 2019 with liberty to take out a fresh chamber summons. The fresh chamber summons no.828 of 2019 was taken out and for serving chamber summons by way of substituted service, a chamber order was taken out, which came to be allowed on 4th November 2019. I am informed by the court master that there is an affidavit of service of one Mr. Ashwin Savani dated 16th November 2019 for proving service of chamber summons by substituted service. Thereafter, no progress has been made. On 13th January 2021 also nobody appeared for plaintiffs. Even today, Meera Jadhav

2/2 35.bmcd-348-16.doc nobody has appeared for plaintiffs.

Notice of motion, therefore, dismissed.

Chamber summons no.828 of 2019 be listed for hearing on 9th February 2021. It is made clear that on that date, if plaintiff is not represented, not only chamber summons, but even suit will stand dismissed for want of prosecution. Mr. Dasgupta, at the request of the court, states he will forward a copy of this order to plaintiffs' advocates during the course of this week.

(K.R.SHRIRAM, J) Meera Jadhav