Airports Authority Of India v. Aer Linges Ltd And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 366 OF 1997 Airports Authority of India ...Plaintiff Vs.

AER Linges Ltd. & Ors.

...Defendants Ms. Radha Bhandari i/b. M.V. Kini & Co., for the Plaintiff Ms. Sarojini Patil a/w. Mr. Nirav Punjani i/b. Singhania & Co., for Defendant Nos. 1, 4 and 5.

CORAM : MRS. ROSHAN DALVI, J.

DATED :20TH FEBRUARY, 2015 P.C. :

1.

Defendant No.1, 4 and 5 are contesting the suit. Defendant No.1 is the real contesting defendant. Defendant Nos. 2 and 3 have been wound­up. The official liquidator was appointed on behalf of defendant Nos. 2 and 3. The plaint has been amended. The official liquidator has been served as the party in place of defendant Nos. 2 and 3. Defendant Nos. 2 and 3 have not filed their written statements since the filing of the suit in 1996.

2.

Since the official liquidator has been served amended copy of the plaint only now, the official liquidator would require to consider his appearance in the suit.

3.

The plaintiff shall give one notice to the official liquidator of the next date of hearing. It shall be seen whether the official liquidator proposes to appear and defend the plaintiff's claim.

4.

The order dated 18th February, 2015 directing the Prothonotary and Senior Master of this Court to cancel the bank guarantee given by defendant No.1 in Writ Petition No.618 of 1997 is stayed for two weeks.

5.

Adjourned to 2nd March, 2015.

(ROSHAN DALVI, J.)