Bombay High CourtS/30/2024disposed off

Sharmishtha Jyot Shah v. Ashok Kantilal Shah

2024-05-02Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 02nd May, 2024 FOR DIRECTION :

S/30/2024 with connected matters ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Harsh Joshi i/b. Regius Legal LLP, Advocate for the plaintiff.

Ms. Trishi Pant i/b. Keystone Partners, Advocate for defendant nos. 2, 4, 5 and 7.

Mr. Akhil Rao i/b. Karansingh Shekhawat, Advocate for defendant no. 3.

Ms. Twinkle Gadhiya i/b. Pradhan and Rao, Advocate for defendant no. 10.

P.C. :

Written Statements of defendant nos. 2, 4, 5 and 7 are filed on record. Subject to compliance of office objections, if any, on the Written Statements, suit against these defendants is transferred to the list of Long Causes.

Ld. Advocate for defendant no. 3 submits that Written Statement is prepared on ledger paper, which is not acceptable, therefore, he seeks two weeks time to file written statement once it is affirmed on A4 size white paper.

Ld. Advocate for the plaintiff gives consent to grant two weeks time for the aforesaid reason as stated by ld. Advocate for defendant no. 3. In view thereof, defendant no. 3 to file written statement within two weeks, failing suit against this defendant will be transferred to the list of Undefended Suits.

The remarks on the Cause-list shows that Writ of Summons was issued on 29.01.2024.

However, the plaintiff has not filed affidavit of service, showing service of Writ of Summons upon unserved defendant nos. 6, 8 and 9. Ld. Advocate for the plaintiff submits that on or

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 02nd May, 2024 contd....

S/30/2024 with connected matters ) ) ) ) ) ) ) ) ) ) before next date, he will file affidavit of service in respect of these defendants.

In view thereof, the plaintiff to file affidavit of service in respect of defendant nos. 6, 8 and 9 till next date, failing suit against these defendants will be dismissed for noncompliance of O.S.Rule 87. Stand over to 27.06.2024.

Date : 02.05.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.05.04 10:50:00 +0530 RAJEEV VIJAY ACHARYA