Allcargo Logistics Ltd. v. The New India Assurance Co. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1665 OF 2021 IN COMMERCIAL SUIT NO. 235 OF 2020 AllCargo Logistics Ltd.

...

Applicant/Plaintiff vs.

The New India Assurance Co. Ltd.

... Respondent Mr. Aditya Bapat a/w. Mr. S.A.K. Najam-es-sani i/b. M/s. Maneksha & Sethna for the Applicant / Plaintiff.

CORAM : A. K. MENON, J.

nd SEPTEMBER, 2021.

DATED : 2 P.C. :

1.

Learned counsel for the applicant states that the writ of summons has still not been served. He seeks extension of time to serve the writ of summons. Even otherwise from Exhibit A it appears that summons has been issued on the basis of Order 37 when the suit is a regular Commercial Suit. Hence leave is granted to apply for fresh writ of summons, returnable date of which shall be eight weeks from today. If summons is not served with the aforesaid period of eight weeks and affidavit of service is not filed suit will stand dismissed without further reference to Court. 2.

Interim Application is disposed in the above terms. (A. K. MENON, J.) Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2021.09.02 16:52:02 +0530 RAJESHWARI RAMESH PILLAI 1/1 21-IA-1665-2021-COMS-235-2020.odt rrpillai