Sahjun Impex Trading Pvt. Ltd. v. Patheja Forgings And Auto Parts Manufacturers Ltd. And 23 ORS.

APP. 709-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 709 OF 2014 IN NOTICE OF MOTION No. 2923 OF 2010 IN SUIT No. 13 OF 2010 WITH NOTICE OF MOTION No. 392 OF 2014 Sahjun Impex Trading Pvt. Ltd.

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Appellant / Applicant Vs.

The Official Liquidator of Patheja Forgings & Auto Parts Manufacturers Ltd. (In Liqn.) & Ors.

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Respondents *** Mr. Zubin Behramkamdin a/w Niranjan Amit & Prerak Sharma i/b B. Amin & Co., for the Appellant.

Mr. Snehal Shah a/w M/s. Geetanjali Joshi i/b Doijodi Associates, for Respondent No. 7.

Mr. Monil Punjabi i/b Apex Law Partners, for Respondent No. 11. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : FEBRUARY 6, 2015 PC.

1.

The Appellant is challenging the order dated 23rd December, 2013 passed by the learned Single Judge, dismissing the Notice of Motion No. 2923 of 2010 on the ground that motion is not 1 / 2

APP. 709-14 served on Defendants. The Appellant has filed affidavit of service stating therein that it has served Defendant Nos. 1 to 6 and 8 and 9. It is stated in one of the grounds raised by the Appellant in the appeal memo viz. (J) that Defendant Nos. 7 and 11 were present in the Court when the motion was called out. Be that as it may. The notice of motion could have been disposed of on merits instead of dismissing it for want of prosecution. The impugned order dated 23rd December, 2013 is set aside and Notice of Motion No. 2923 of 2010 is restored to the file.

2.

Plaintiff to serve Defendant No. 7 copy of the notice of motion within 2 weeks, who shall file reply within 4 weeks thereafter. Appeal is allowed and disposed of in the aforesaid terms. 3.

In view of disposal of appeal, Notice of Motion No. 392 of 2014 taken out therein does not survive and is accordingly disposed of.

[REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2