M/S Cecil Webber Engineering Ltd v. M/S Birla Cotsyn (India) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] SUMMONS FOR JUDGMENT NO.95 OF 2014 IN COMMERCIAL SUMMARY SUIT NO.52 OF 2013 Cecil Webber Engineering Ltd.

.. Applicant-Plaintiff Vs.

Birla Cotsyn (India) Ltd.

.. Defendant Mr. Netaji Gawde, with Mr. Rahul Sanghvi, i/by Sanjay Udeshi & Co., for the Applicant-Plaintiff.

None for the Defendant.

CORAM : A. K. MENON, J.

TH FEBRUARY, 2022.

DATE : 16 P.C. :

1.

Learned counsel for the applicant-plaintiff states that the defendantcompany has been ordered to be wound-up. Liquidator has been appointed and moratorium declared in 2018 has ceased to exist. In view thereof, he seeks leave to withdraw the Summons for Judgment. Learned counsel seeks time to obtain instructions on whether the plaintiff proposes to continue with the Suit.

2.

Accordingly, I pass the following order :- (i) Summons for Judgment is disposed as infructuous. (ii) List the Suit on 23 rd February 2022 under the caption "for directions".

(A.K. MENON, J.) 1/1 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2022.02.16 16:35:14 +0530 17-SJ-95-2014.doc Dixit