Indiana Gratings Pvt Ltd And ANR v. Koyna Power Ltd. And 23 ORS.

201-CHSCD-6-2015.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO. 6 OF 2015 WITH NOTICE OF MOTION NO. 7 OF 2014 IN SUIT NO. 7 OF 2005 Indiana Gratings Pvt Ltd & Anr ...Plaintiffs

Versus

Koyna Power Ltd & Ors ...Defendants Mr Amit Jamsandekar, i/b Dhru & Co for the Plaintiffs / Applicants in CHSCD.

CORAM: G.S. PATEL, J DATED:

14th March 2017 PC:- 1.

This Chamber Summons is by the Plaintiffs for inspection. It is directed against Defendant No.5 to the Suit (Avinash Bavkar, Defendant No.5) and Respondents Nos. 1, 3 and 4 to the Chamber Summons. Respondents Nos. 1 and 3 are entities controlled by Mr Bavkar.

14th March 2017

201-CHSCD-6-2015.DOC 2.

On 16th October 2015, the Chamber Summons was disposed of against the 4th Respondent. As against Defendant No.5 and Respondents Nos. 1 and 3, an order was made directing them to file their Affidavits by 20th November 2015. Although these parties have filed replies to the Notice of Motion, they have not cared to file a reply to this Chamber Summons.

3.

Fully a year or more has gone by with no compliance with the previous order. It is not possible to grant Defendant No.5 and its entities, Respondents Nos. 1 and 3, more indulgence. They have not even cared to appear in Court today although the matter is listed at 201 on the weekly board, a list that was notified last week. This even more surprising that given that these parties are represented by Advocate Mr MV Khatavkar whose appearance is correctly shown on the daily board.

4.

In this view of the matter the Chamber Summons is made absolute in terms of prayer clause (a) against Defendant No.5 and Respondents Nos. 1 & 3. The disclosure are to be made on Affidavits to be filed on or before 7th April 2017. 5.

The Chamber Summons is disposed of in these terms. No costs.

(G. S. PATEL, J.) 14th March 2017