Dharmendra Mahendrabhai Patel v. Parshotam Ramdas Megchiani And 3 Others

1/2 11-COMSSL-1318-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUMMARY SUIT (LODG.) NO. 1318 OF 2018 ALONG WITH INTERIM APPLICATION NO. 1 OF 2019 IN COMMERCIAL SUMMARY SUIT (LODG.) NO. 1318 OF 2018 Dharmendra Mahendrabhai Patel .. Plaintiff Vs.

Parshotam Ramdas Negchiani & Ors.

.. Defendants Mr.Deep Morabia i/b Zaid Ansari for applicant in IA/1/2019. None for defendants.

CORAM : N.J. JAMADAR, J.

DATE : 16TH DECEMBER 2019 P.C.

INTERIM APPLICATION NO. 1 OF 2019 1.

Heard the learned counsel for the applicant.

2.

The application is moved for setting aside the order passed by the Prothonotary and Senior Master on 28th March 2019, whereby the suit came to be rejected under the provisions of Rule 986 of the High Court, Original Side, Rules, for default on the part of the plaintiff in removing the office objections.

3.

For the reasons assigned in the application, the application stands allowed.

The order dated 28th March 2019 stands set aside. Shraddha Talekar PS

2/2 11-COMSSL-1318-2018.doc 4.

Commercial Summary Suit (Lodg.) No. 1318 of 2018 and Notice of Motion (Lodg.) No.2260 of 2018 stand restored to file. 5.

The plaintiff shall comply with the office objections within a period of four weeks from today.

6.

The interim application stands disposed of.

[ N.J. JAMADAR, J. ] Shraddha Talekar PS