Shafeeque Ahmed Mohammad Sayeed v. H.K. Enterprises And Success Pharma

270-NMSL1411-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 1411 OF 2016 IN SUIT (L) NO. 430 OF 2016 Shafeeque Ahmed Mohammed Sayeed ...Plaintiff

Versus

H.K. Enterprises & Success Pharma ...Defendants Mr. Alankar Kirpekar, i/b MAG Legal, for the Plaintiffs. CORAM: G.S. PATEL, J DATED:

28th July 2016 PC:- 1.

Heard. Mr. Kirpekar for the Plaintiff sought an ex parte adinterim order on 22nd April 2016. Having made out a sufficient prima facie case, I granted that order in terms of prayer clauses (a), (b), (c) and (d) of the Notice of Motion. The Court Receiver executed his commission. The Defendants were served. 2.

An Affidavit of Service dated 25th July 2016 is tendered. It establishes that service was effected on 9th June 2016. Mr. Kirpekar says that the Defendants did approach the Plaintiff's Attorneys for a settlement but they have then disappeared.

28th July 2016

270-NMSL1411-16.DOC 3.

I notice that there is no vakalatnama and no Affidavit in Reply has been filed. None appears for the Defendants. 4.

The Notice of Motion is made absolute in terms of prayer clauses (a), (b), (c) and (d). In addition, at the final hearing of the Suit, the Plaintiffs will be entitled to apply for recovery of the actual costs incurred by them in this Notice of Motion. (G. S. PATEL, J.) 28th July 2016