Prime Focus Ltd. v. Afzal Khan

SJ36.16-49

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.36 OF 2016 IN SUMMARY SUIT NO.1105 OF 2015 Prime Focus Ltd.

....Plaintiffs V/s.

Afzal Khan ....Defendant ---- Ms.Neeta Jain a/w Mr.Jayant S.Gaikwad for plaintiffs. None for the defendant.

---- CORAM : K.R.SHRIRAM,J DATE : 22.8.2016 P.C.:- The counsel for the plaintiffs states that the Summons for Judgment was served upon the Advocate for the defendant on 17.6.2016 and an affidavit of one Devidas Sitaram Hatle affirmed on 23.6.2016 confirming service is on record. No affidavit in reply has been filed nor do I find any reply in the records of the court. Under order 37 Rule 3 sub rule-6 of the Code of Civil Procedure, if the defendant has not applied for leave to defend, the plaintiff shall be entitled to judgment forthwith. The defendant has not filed any reply nor filed any application for leave to defend. The plaintiffs have also tendered compilation of 32 documents in original running into 64 pages which are taken on record and marked ExhibitA (colly). KJ

SJ36.16-49 As the defendants have not filed any reply nor filed any application for leave to defend, the suit stands decreed. Decree be drawn up accordingly.

Summons for Judgment disposed.

(K.R.SHRIRAM,J) KJ