Aumilite Architecturals Limited v. Gabriel Mahatma V And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1251 OF 2020 IN CHAMBER ORDER (L) NO. 330 OF 2020 IN NOTICE OF MOTION (L) NO. 369 OF 2019 IN COMMERCIAL SUIT (L)NO. 164 OF 2019 Alumilite Architecturals Limited ...Applicant/ Plaintiff vs.

Gabriel Mahatma & Ors.

...Respondents/Defendants

Ms. Aparna Wagle a/w. Mr. Yash Garach i/b. Alliance Law for the Applicant / Plaintiff.

Mr. Rugved More i/b. Mr. Akhil Mahesh for Defendant no. 2. CORAM : A. K. MENON, J.

th JANUARY, 2021 DATE : 6 P.C. :

1.

This interim application seeks recall of order passed by the Prothonotary and Senior Master rejecting the Suit under Rule 986 of the Bombay High Court (Original Side) Rules and thereby restoration of the suit. There is a delay of 110 days.

2.

Heard learned counsel for the plaintiff and defendant no.2. In my view sufficient cause is made out for restoring the suit and accordingly 1/2 25-IA-1251-2020-CHOL-330-2020-NMCDL-369-2019-COMSL-164-2019.doc rrpillai

interim application is liable to be allowed. I pass the following order : (i) Interim Application is made absolute in terms of prayer clause (a), (b) and (c).

(ii) Affidavit of service taken on file. Learned counsel for defendant no. 2 undertakes to enter appearance within two weeks from today. Undertaking accepted. Defendant no. 2 waives service of writ of summons.

(iii) All office objections shall be complied within three weeks from today. Plaintiff Advocate to communicate to the defendants of the registered number of the suit.

(iv) Written statement to be filed within thirty days from today. (A.K.MENON, J.) by Rajeshwari R. Pillai Date:

2021.01.07 14:00:57 +0530 Rajeshwari R. Pillai 2/2 25-IA-1251-2020-CHOL-330-2020-NMCDL-369-2019-COMSL-164-2019.doc rrpillai