The Court granted a notice of motion made by defendants-applicants in a summary suit, making the motion absolute due to prior deposit of the claim amount and procedural history.
MotioN MADE ABSOLUTE
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.934 OF 2007
In
SUMMARY SUIT NO.4242 OF 1997
M/s.Trans-Freight Containers Limited : Plaintiff
V/s.
M/s.Crystal Roadways & Ors. : Defendants
Mr.Mukesh Pabari for the defendants in support.
Mr.M.A.Dharmaraj for the plaintiff to show cause.
CORAM : A.M. KHANWILKAR, J.
DATE : JUNE 04, 2007.
P.C.
1. Heard the counsel for the parties. Perused the
pleadings and documents on record.
2. As it is not in dispute that the defendants-applicants
have already deposited the amount of Rs.2,50,000/- in this
Court in terms of the order passed on the Summons for
Judgement, coupled with the fact that the Advocate on
record for the defendants expired sometime in 2000 before
which the Written Statement was affirmed on 4.5.2000 and
duly served on the other side as well as the earlier
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Advocate on record gave an undertaking to the Court to
remove office objections, in the interest of justice,
therefore, taking totality of the circumstances into
account, the Motion is made absolute in terms of prayer
clause (a).
3. Ordered accordingly.
A.M. KHANWILKAR, J.
A.M. KHANWILKAR
As recorded by the court registry
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