Salman Shujatali Fazalbhoy v. Hilton Infrastructure 52/53

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 19th March, 2025 FOR DIRECTION :

S/133/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present.

P.C.:

As per Affidavit of Service dated 07.06.2024 it appears that defendant nos. 1 to 4 and 8 were served with Writ of Summons by way of R.P.A.D on 09.05.2024, but these defendants failed to file written statement within stipulated period.

Hence, suit against defendant nos. 1 to 4 and 8 is transferred to the list of Undefended Suits.

Further, as per aforesaid Affidavit of Service it appears that defendant no. 5 is expired; defendant nos. 6, 7 and 9 to 12 have unclaimed service of Writ of Summons on 16.05.2024, which is a good service as per Order dated dated 07.12.2022 passed by the Hon'ble Court in Suit No. 168/2022 (Forest Realty Vs. Taksha Spaces Pvt. Ltd. & Ors.) and packet sent to defendant no. 13 is returned with remark "Left".

Despite service, defendant nos. 6, 7 and 9 to 12 failed to file written statement within stipulated period.

Hence, suit against defendant nos. 6, 7 and 9 to 12 is transferred to the list of Undefended Suits.

The plaintiff to take appropriate steps to serve defendant nos. 5 and 13 with Writ of Summons and file affidavit of service till next date, failing suit against these defendants will be dismissed for non-compliance of O.S.Rule 87.

Stand over to 20.06.2025.

Date : 19.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.19 15:55:19 +0530 RAJEEV VIJAY ACHARYA