Sizer Metals Private Limited v. Vir Electro Engineering Pvt. Ltd. And ORS.

5-COMFA 29.2025.doc Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL FIRST APPEAL NO.29 OF 2025 Sizer Metals Private Limited ...Appellant

Versus

VIR Electro Engineering Pvt. Ltd. & Ors.,

...Respondents

---------- Ms. Priti Sejal Shah for the Appellant.

None for the Respondents.

---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATED : 28th NOVEMBER, 2025.

ORDER :

1.

Ms. Priti Shah, the learned Counsel appearing for the Appellant states that the Respondent Nos. 2 and 3 have been served with the Commercial First Appeal. She states that in view of the factory of Respondent No.1 having been closed, service on Respondent No.1 has not been effected.

KAVITA SUSHIL JADHAV 2.

An Affidavit of Service to that effect shall be filed prior to KAVITA SUSHIL JADHAV Date: 2025.11.28 16:55:49 +0530 the next date.

1/2

5-COMFA 29.2025.doc 3.

Place the Commercial First Appeal for consideration on 19th December, 2025.

4.

It is made clear that in the event the Respondents do not make an appearance inspite of being served notice of this order by the Advocate for Appellant, the Commercial First Appeal will be heard in their absence.

5.

The Commercial First Appeal shall be placed on 19th December, 2025. Office is directed to call for R&P. 6.

The Appellant is permitted to submit on the next date a Compilation of Documents which they rely upon. [FARHAN P. DUBASH, J.] [R.I. CHAGLA, J.] 2/2