M/S. Ganesh Container Movers And ANR., Mumbai v. Volvo India Pvt.Ltd. , Mumbai

APPL. 618-08 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 618 OF 2008 IN SUMMONS FOR JUDGMENT No. 271 OF 2007 IN SUMMARY SUIT No. 2596 OF 2006 M/s. Ganesh Container Movers & Anr.

...

Appellants Vs.

Volvo India Pvt. Ltd., Mumbai ...

Respondents *** None for the Appellants.

Mr. Sanjay Sinha, for the Respondents.

*** CORAM : V. M. KANADE, & Mrs. SWAPNA S. JOSHI, JJ.

DATE : OCTOBER 10, 2016 PC.

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We are informed by the learned counsel appearing on behalf of the Respondents that this matter has been transferred to the City Civil Court. He submits that copies of the papers have not been served on him, and the Respondents / Plaintiffs have filed the affidavit of evidence. Further, it is seen that by the impugned order, the 1 / 2

APPL. 618-08 Appellants were asked to deposit Rs. 50 lakhs within 16 weeks from the date of the order. Admittedly, the said order is not complied. The Appellants have neither deposited the said amount nor have sought extension of time to deposit the said amount. The appeal, therefore, on this ground alone is liable to be dismissed, and is accordingly dismissed. Hearing of the trial is expedited. Sd/- Sd/- [Mrs. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2