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Bombay High CourtS/105/2024disposed off

Link Tower Co-Operative Housing Society Limited v. Girishchandra Purshottamdas Sadh

2025-01-14Hon'Ble Shri Justice Somasekhar Sundaresan1 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 14th January, 2025 FOR DIRECTION :

9.

S/105/2024 with connected matters ) ) ) ) ) Mr. Vipul Shukla, Advocate for the Plaintiff Ms. Dhruti Kapadia, Advocate for Defendant No. 28 (SRA) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: It is recorded in the Minutes of Order dated 30.09.2024 that Defendant Nos. 11 to 15, 17, 18, 22, 23, 25 to 27 have duly been served with Writ of Summons through Registered Post A.D. Despite service, these Defendants failed to file Written Statements within stipulated time. Inadvertently, these Defendants were remained to be transferred to the list of Undefended Suit. Hence, Suit against Defendant Nos. 11 to 15, 17, 18, 22, 23, 25 to 27 is transferred to the list of Undefended Suit.

Plaintiff to take steps to serve Defendant Nos. 20, 21 and 24 with Writ of Summons and file Affidavit of service to that effect on or before next date, failing Suit against Defendant Nos. 20, 21 and 24 will be dismissed for non-compliance of O.S. Rule 87. Office to issue Writ of Summons, if required. Plaintiff to comply with directions issued vide Practice Note No. 60-A.

Ld. Advocate for Plaintiff seeks time to take out appropriate application for service of Writ of Summons upon Defendant Nos. 1 and 10.

At the request of Ld. Advocate for Plaintiff, adjourned to 15.04.2025.

Date : 14.01.2025 Prothonotary & Senior Master Digitally signed by M.N. Kadam Date:

2025.01.14 19:15:59 +0530 M.N.

Kadam