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Bombay High CourtNMCD/447/2017disposed off

Dbm Geotechnics And Constructions Private Limited v. B. Anjaneyulu

2017-11-10Hon'Ble Shri Justice B.P. Colabawalla2 pages

(29) NMCD 447-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 447 OF 2017 IN COMMERCIAL SUIT NO. 448 OF 2017 B. Anjaneyulu .. Applicant In the matter between DBM Geotechnics & Constructions Pvt. Ltd.

.. Plaintiff Vs.

B. Anjaneyulu .. Defendant WITH NOTICE OF MOTION NO. 380 OF 2017 IN COMMERCIAL SUIT NO. 448 OF 2017 DBM Geotechnics & Constructions Pvt. Ltd.

.. Applicant In the matter between DBM Geotechnics & Constructions Pvt. Ltd.

.. Plaintiff Vs.

B. Anjaneyulu .. Defendant Ms. Akansha Agarwal a/w. Mr. Joshna D'souza i/b Vigil Juris for the Plaintiff.

Mr. A. R. Pai a/w. Mr. Tejas Luniya i/b Thodur Law Associates for the Defendant.

CORAM : B. P. COLABAWALLA, J.

DATE : 10 th NOVEMBER, 2017.

P. C. :

1.

Notice of Motion No. 447 of 2017 has been filed by the defendant seeking to recall the order passed by this Court on 25.07.2017. This Court, by the said order, has recorded statement of the learned 1/2

(29) NMCD 447-17 counsel appearing on behalf of the defendant that the defendant seeks time to file reply to Notice of Motion No. 380 of 2017 and the defendant was also directed to disclose its assets, both encumbered and unencumbered.

2.

Today a new Advocate is appearing on behalf of the defendant and has solemnly stated before me that no such instructions were given to the defendant by the erstwhile Advocate. Despite the prayer in this Notice of Motion, Mr. Pai, learned Advocate appearing for the defendant has fairly stated that he is not pressing this Notice of Motion and the defendant shall comply with the order passed by this Court on 25.07.2017 within a period of four weeks from today. 3.

Purely out of indulgence and as a last chance, the defendant is directed to comply with this Court's order dated 25.07.2017 within a period of four weeks from today.

4.

Notice of Motion No. 447 of 2017 is, accordingly, disposed of. 5.

Place Notice of Motion No. 380 of 2017 on 08.12.2017. [B. P. COLABAWALLA, J.] 2/2