Tata Motors Ltd. v. Ghosh Brothers Automobiles And 4 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 33 OF 2019 IN COMMERCIAL SUMMARY SUIT NO. 42 OF 2016 WITH NOTICE OF MOTION NO. 2203 OF 2019 Tata Motors Ltd.

...

Plaintiff vs.

Ghosh Brothers Automobiles ... Defendants and 4 Ors.

Mr. Abhijeet Marathe for the Plaintiff.

Mr. Prashant Chande a/w. Mr. Jesal Shah i/b. Mr. Daru Shah and co. for Defendant nos. 1 to 4.

CORAM : A. K. MENON, J.

st JUNE, 2022 DATED : 21 P.C. :

1.

On behalf of the plaintiff learned counsel states that defendant no. 5 having expired he is awaiting particulars of legal heirs of defendant no. 5, since he has instructions to proceed against the legal heirs. In the meantime he submits that inspection of original documents will be given within a period Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.06.29 14:07:53 +0530 RAJESHWARI RAMESH PILLAI 1/2 16-SJ-33-2019-NMCD-2203-2019-COMSS-42-2016-corrected.odt rrpillai

of four weeks from today He seeks leave to withdraw the Summons for Judgment with liberty to file a fresh Summons for Judgment. Accordingly, I pass the following order :

(i) Summons for Judgment is disposed as withdrawn with liberty to file afresh.

(ii) Mr. Chande undertakes to provide names of legal heirs within one week from today. If that is so provided, inspection shall be offered within two weeks thereafter.

(iii) Fresh Summons for Judgment shall be filed within four weeks thereafter.

(iv) If no Summons for Judgment is taken out list the notice of motion on nd August, 2022.

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