Kratos Energy And Infrastructure Ltd. v. Nandita Manoj Trivedi And Sushant Manoj Trivedi

1/2 69.S-71-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION SUIT NO.71 OF 2017 WITH NOTICE OF MOTION NO.1293 OF 2017 IN SUIT NO.71 OF 2017 Kratos Energy and Infrastructure Limited ....Plaintiff Vs.

Mrs. Nandita Manoj Trivedi and Anr.

....Defendants ---- Mr. Omprakash Soni for plaintiff.

None for defendants.

---- CORAM : K.R.SHRIRAM, J.

DATE : 7th DECEMBER 2018 P.C.:

NOTICE OF MOTION NO.1293 OF 2017 There is no averment in the affidavit in support that there is a threat of plaintiff being evicted. Infact to a query posed by the Court, Mr. Soni in fairness stated that there is no such threat and plaintiff has been in the suit premises from 1996 onwards. Therefore, notice of motion is not maintainable.

Notice of motion dismissed.

As regards the suit, ex-facie it appears to be not maintainable. Mr. Soni states that he is not prepared to argue today but he will, however, satisfy the Court that the suit is maintainable. Mr. Soni states that all defendants have been served the writ of summons. Registry to take the affidavit of service on record.

Gauri Gaekwad

2/2 69.S-71-2017.doc Stand over to 14th December 2018.

(K.R. SHRIRAM, J.) Gauri Gaekwad