Ravi Kumar Distilleries Ltd And 2 ORS v. Comfort Intech Ltd And 4 ORS

Nitin 1 / 2 916-NMSL-3209-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 3209 OF 2015 IN SUIT (L) NO. 1259 OF 2014 M/s. Ravikumar Distilleries Limited & Ors.

...Applicants / Plaintiffs

Versus

Comfort Intech Limited and Ors.

... Defendants Mr. Rashmin Khandekar i/b. Desai and Diwanji for the Applicants / Plaintiffs. Mr. Santosh Saroj i/b. Ashok Saraogi for Defendant Nos. 1 to 3. CORAM : S.J. KATHAWALLA, J.

DATED : 20 TH NOVEMBER, 2015 P.C.

1.

Mr. Santosh Saroj, Advocate appearing for Defendant Nos. 1 to 3 undertakes to file Vakalatnama of Mr. Ashok Saraogi, Advocate within a period of two weeks from the date of this order. The undertaking is accepted. 2.

Perused the Notice of Motion and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clause (a), which is reproduced hereunder :

"(a) that this Hon'ble Court be pleased to set aside the order dated 3 rd March, 2015 passed by the Prothonotary & Senior Master in Suit (L)

Nitin 2 / 2 916-NMSL-3209-2015 No. 1259 of 2014 and restore Suit (L) No. 1259 of 2014". 3.

The objections raised in Suit (L) No. 1259 of 2014 shall be removed within a period of two weeks from the date of this order, failing which the Suit shall stand dismissed without reference to this Court. 4.

Place the Suit for directions on 5 th December, 2015.

5.

The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. )