Sun N.Sand Hotel Ltd. v. Vithal V.Kamat And ORS.

ASN 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDCITION SUMMARY SUIT NO. 3163 OF 2000 Sun N Sand Hotel Ltd.

...Plaintiff.

vs.

M/s. Vithal V. Kamat & Brothers.

...Defendants.

None for the parties.

CORAM : K.R. SHRIRAM, J.

DATE : JUNE 10, 2015 PC:

By consent terms dated 1st Sept 2003 there was an agreement between plaintiff and defendant No.3 that this suit was to continue against defendant Nos. 1,2 and 4 until payment as mentioned in Clause 2 of the said consent terms was received by this plaintiff. It is not clear whether the amounts have been received as mentioned in Clause 2 or not. None present today for the plaintiff though the matter was called twice, once in the pre lunch session and later in the post lunch session. If the amounts mentioned in clause 2 of the consent terms have not been paid, suit shall be treated as dismissed against the defendant Nos. 1,2 and 4 for want of prosecution. If the amounts have been paid, the suit to be treated as disposed of.

(K.R. SHRIRAM, J.)