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Bombay High CourtCOMSS/1/2025disposed off

Mangla Amit Builders Pvt Ltd v. Vinay Fabrics Pvt Ltd

2025-09-03Hon'Ble Shri Justice Abhay Ahuja2 pages

903. COMSS 1-25 @ SJ 3-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUMMERY SUIT NO. 1 OF 2025 Mangla Amit Builders Pvt. Ltd.

...Plaintiff V/s.

Vinay Fabrics Pvt. Ltd. and Ors.

...Defendants WITH SUMMONS FOR JUDGMENT NO. 3 OF 2025 Ms. Anushka Jain for the Plaintiff.

Mr. Nikhil Rungta with Ms. Trisha Rathi for the Respondents No. 1 to 5.

CORAM

:

ABHAY AHUJA, J.

DATE :

3rd SEPTEMBER, 2025 P.C. :

1.

When the matter is called out, Ms. Jain, learned Counsel appears for the Plaintiff and tenders across the bar affidavit of service indicating service of the Summons for Judgment to the Defendants. 2.

Mr. Rungta, learned Counsel appears for the Defendants and submits that some time be granted to file Interim Application seeking condonation of delay in filing leave to defend. 3.

Ms. Jain, learned Counsel for the Plaintiff submits that since no application for leave to defend has been filed within the stipulated time, this Court may make the Summons for Judgment absolute. Digitally signed by NIKITA YOGESH GADGIL Date:

2025.09.03 18:34:56 +0530 Nikita Gadgil 1/2 NIKITA YOGESH GADGIL

903. COMSS 1-25 @ SJ 3-25.doc 4.

Be that as it may, since time is being sought to file an interim application for condonation of delay in filing leave to defend, list on 24th September, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2