Sabmiller India Limited v. Mohan Rocky Spring Water Breweries Ltd.

213-NMS911-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 911 OF 2015 IN SUIT NO. 3443 OF 2004 Sabmiller India Limited ...Plaintiffs

Versus

Mohan Rocky Spring Water Breweries Limited ...Defendants Mr. Ashutosh Kane, with Mr. Nikhil Sharma, i/b M/s. W.S. Kane & Co., for the Plaintiffs.

None for the Defendants.

CORAM: G.S. PATEL, J DATED:

5th December 2016 PC:- 1.

This is the Defendants' Notice of Motion to condone the delay of 12 years for filing the Written Statement, and for leave to file a separate Counter-claim. It is not in dispute that the Suit was transferred to the list of undefended cause on 10th November 2008 or that by later order dated 8th March 2013 (Mr. Justice S.J. Kathawalla).

2.

An amendment was permitted and liberty was granted to the Defendants to file Additional Written Statement on or before 30th March 2013. There is even today no Written Statement filed. 5th December 2016

213-NMS911-15.DOC 3.

None appears for the Defendants. The Notice of Motion is dismissed with costs.

(G. S. PATEL, J.) 5th December 2016