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Bombay High CourtNMCD/751/2017disposed off

Tata Motors Ltd And ANR v. Srinathji Motors Pvt.Ltd And 4 ORS

2018-02-06Hon'Ble Shri Justice S.C. Gupte2 pages

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33. NMCD 751-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.751 OF 2017 IN COMMERCIAL SUIT NO.1 OF 2014 M/s Tata Motors Ltd.

...

Applicant In the matter of :

M/s Tata Motors Ltd And Others ...

Plaintiffs

Versus

M/s Srinathji Motors Pvt. Ltd. And Others ...

Defendants .....

Ms. Bindu Bhatia I/b Khare Legal Chambers for the Plaintiffs. Mr. Deepak A. Lad for the Defendants.

....

CORAM : S.C.GUPTE, J.

DATE : 6 FEBRUARY 2018 P.C. :

.

The Notice of Motion prays for revocation of the Defendants' right to defend the Summary suit unconditionally and for placing the Suit on board for ex parte decree. The motion was on the basis that the Defendants have failed to file their written statement within time. By an order dated 9 January 2018, the Defendants were given further time to file their written statement on payment of costs. The costs have since been paid and written statement is filed by the Defendants and the same is on record. The Notice of Motion is, accordingly, rendered infructuous and is, accordingly, disposed of as such.

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33. NMCD 751-17.doc The Suit to come up on board for framing of issues on 1 March 2018. (S.C. GUPTE, J.)