K.Amishkumar Trading Pvt.Ltd v. Devi Prasad Steel And Services Llp And 2 ORS

SJ13.16-33

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.13 OF 2016 IN SUMMARY SUIT NO.513 OF 2015 K.Anishkumar Trading Pvt. Ltd.

....Plaintiffs V/s.

Devi Prasad Steel & Services LLP & Ors. ....Defendants ---- Ms.Gayatri Sharma a/w Adv.Poonam Gupta i/by S.K.Srivastav & Co. for plaintiffs.

None for defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 26.9.2016 P.C.:- On 7.6.2015 nobody appeared for the defendants, so also on 21.6.2016.

On 21.6.2016, since the plaintiffs had served summons for judgment upon one Ms.Sapra Leena Dungarshi whereas the Vakalatnama filed is of one Leena Sapra jointly with Mr.G.A.Patil, the plaintiffs were directed to serve summons for judgment once again upon the Advocate for the defendants. The matter was stood over to 11.7.2016 for directions. Thereafter by an order dated 23.8.2016, the Prothonotary & Senior Master, High Court, Bombay has given discharge to Ms.Leena Sapra and Mr.G.A.Patil who had filed Vakalatnama on behalf of the defendants. Therefore, nobody is KJ

SJ13.16-33 appearing for the defendants today though served. No affidavit of reply or application for leave to defend also has been filed by the defendants. Under order 37 rule-3 sub-rule 6, the court is empowered, if the defendants have not applied for leave to defend to pass judgment forthwith in favour of the plaintiffs. The defendants not having filed an affidavit in reply or filed an application for leave to defend and the allegations in the suit are not controverted, the plaintiffs are entitled to judgment forthwith. Suit stands decreed. Decree be drawn up accordingly. Summons for Judgment also stands disposed.

(K.R.SHRIRAM,J) KJ