Atlanta Limited v. State Bank Of India And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.1416 OF 2018 WITH COMMERCIAL NOTICE OF MOTION NO.2409 OF 2018 IN COMMERCIAL SUIT NO.1416 OF 2018 Atlanta Limited ....Plaintiff Vs.

State Bank of India and Ors.

....Defendants ---- Mr. M.M. Vashi, senior advocate a/w. Ms. Aparna Devkar I/b. M.P. Vashi Associates for plaintiff.

Mr. Sanjay D. Kelkar a/w. Mr. Omkar S. Kelkar for defendants/applicants in NMCDL/643/2019.

---- CORAM : K.R.SHRIRAM, J.

DATE : 8th MARCH 2019 P.C.:

Mr. Kelkar, counsel for defendants states that writ of summons has been received by all defendants on or about 21st/23rd January 2019. Time to file written statement and serve a copy thereof is granted upto and including 10th April 2019.

On or before 25th April 2019 parties shall give inspection of documents relied upon by each other. If inspection is not given, such party will not be permitted to rely upon such document. This will not, however, prevent a party from confronting a witness of another party with any document. On or before 30th April 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and Gauri Gaekwad

2/2 906.COMS-1416-2018.doc denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.

Suit be listed for issues on 3rd May 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms. Notice of motion to come up in due course for hearing. No ad-interim. If there are any change in circumstances, liberty granted to plaintiff to apply.

In view of the above order, Mr. Kelkar, counsel for defendants seeks leave to withdraw the notice of motion (lodging) no.643 of 2019. Notice of motion (lodging) no.643 of 2019 dismissed as withdrawn.

(K.R. SHRIRAM, J.) Gauri Gaekwad