Dulisons Cereals Through Its Proprietor Smt. Kanta Gupta v. Pec Limited
Digitally signed by RUSHIKESH VISHNU PATIL Date:
2025.03.05 10:53:05 +0530 RUSHIKESH VISHNU PATIL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.313 OF 2015 PEC Limited )...Plaintiff V/s.
The National Spot Exchange Ltd. And Ors.
)...Defendants WITH NOTICE OF MOTION NO. 1468 OF 2015 WITH LEAVE PETITION NO. 342 OF 2013 WITH NOTICE OF MOTION NO. 872 OF 2015 WITH NOTICE OF MOTION NO. 945 OF 2016 WITH NOTICE OF MOTION NO. 1357 OF 2015 WITH NOTICE OF MOTION NO. 1364 OF 2015 WITH NOTICE OF MOTION NO. 935 OF 2016 WITH INTERIM APPLICATION NO. 3004 OF 2022 WITH INTERIM APPLICATION NO. 3020 OF 2022 WITH INTERIM APPLICATION NO. 3707 OF 2024 IN COMMERCIAL SUIT NO.313 OF 2015 ------ Adv. Melvyn Fernandes i/b Vaish Associates, for the Defendant No. 1. Ms Namita Shetty a/w Mr. Tushar Kankania and Mr. Bharat Harne i/b Cyril Amarchand Mangaldas, Advocates for Defendants No.2, 4, 17 and 18.
Mr. Vinay Bhanushali a/w Mr. Abhiraj Rao and Ms Diksha Sharma, Advocates for Defendants No. 22, 23 and 24.
------
CORAM
:
ABHAY AHUJA, J.
DATE :
03rd MARCH, 2025 1/3
P.C. :
1.
None for the Plaintiff.
2.
The learned Counsel appearing in the matter draw the attention of this Court to the order dated 20th September 2017 passed by the Prothonotary and Senior Master and submit that as regards the Defendants No. 18 and 21 to 24, the Prothonotary had granted time to file written statement after dismissal of the issue pertaining to Order VII Rule 11 of the CPC. The learned Counsel submit that however since the said Applications are still pending, no written statement has been filed with regard to the said Defendants.
3.
As regards the Defendants No. 3, 5, 6, 10 to 16 and 19 to 20 are concerned, the learned Counsel for the Defendants appearing today are unable to point out if written statements have been filed by the said Defendants.
4.
It is observed that Defendant No. 15 has filed written statement on 11th October 2017. It is pointed out that Defendants No. 1, 2, 4, 7, 8, 17, 25 and 28 have also filed written statement. 2/3
5.
Since none appears for the Plaintiff today, list on 09th April 2025. 6.
It is made clear that if none appears for the Plaintiff on the next date, this Court will consider dismissing the Suit. 7.
Let one of the law firms appearing today intimate of this order to the law firm for the Plaintiff.
(ABHAY AHUJA, J.) 3/3