Siddhi Vinayak Knots And Prints Private Limited And Ripal Vashi v. Kshatriya Fashion

1/2 17.NMCD-81-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.81 OF 2015 IN COMMERCIAL IP SUIT NO.294 OF 2015 Siddhi Vinayak Knots and Prints Pvt. Ltd. & Anr. ....Applicants/Plaintiffs Vs.

Kshatriya Fashion ....Defendant ---- Mr. B.V. Mahadik a/w. Ms. Priyanka Patil for applicants/plaintiffs. None for defendant.

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

DATE : 11th JUNE 2019 P.C.:

Mr. Mahadik, counsel for plaintiffs states that defendant though served has not been appearing and an affidavit of service was also taken on file when the Court heard the application for ad-interim relief. Mr. Mahadik states that the order dated 10th/16th September 2015 be confirmed as order in the notice of motion and the notice of motion be disposed.

Defendant has not entered appearance nor filed any reply. Therefore, the order dated 10th/16th September 2015 is confirmed as order in the notice of motion and notice of motion accordingly stands disposed. There is an affidavit of service of one R.J. Tiwari, Sheriff's Bailiff affirmed on 1st October 2016 in which it is stated that the packet containing the writ of summons has come back undelivered with the Gauri Gaekwad

2/2 17.NMCD-81-2015.doc endorsement "No Pin Code Mentioned on Packet". Therefore, plaintiffs are directed to reserve the writ of summons upon defendant and registry is directed to extend the returnable date to 31st July 2019. If the writ of summons is not served and affidavit of service is not filed by 29th June 2019, the suit will stand dismissed without further reference to this Court.

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