The plaintiff sought to withdraw the summons for judgment with liberty to take a fresh one after amending the plaint. The court allowed the withdrawal conditioned on the withdrawal with liberty as prayed.
Summons for judgment allowed to be withdrawn with liberty to take out a fresh Summons for Judgment after plaint is amended.
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SJ 296/12 in SS 1551/12-9/10/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.296 OF 2012 IN
SUMMARY SUIT NO.1551 OF 2012
Madhusudan Metals … Plaintiff
vs.
Shree Ganesh Forging Ltd. … Defendant
Mr. Ankit Lohia a/w Mr. Arun Mehta, Ms. Sonika Mehta and Mr. Mayur Kadam i/by Akshar Laws, Advocate for the plaintiff. Mr. Pradeep Sancheti, Senior Advocate a/w Mr. Jaydeep Mitra and Sabeena Mahadik, Advocate for the defendant.
Coram : Smt. R. P. SondurBaldota, J. Date : 6th October, 2015.
P.C. :
Mr. Lohia, the learned advocate for the plaintiff states that the plaint is required to be amended and seeks to withdraw the Summons for Judgment with liberty to take out a fresh Summons for Judgment after the plaint is amended. The Summons for Judgment is allowed to be withdrawn with liberty as prayed.
[Smt. R. P. SondurBaldota, J.]
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SJ 296/12 in SS 1551/12-9/10/15
CERTIFICATE
Certified to be true and correct copy of the original
signed Judgment / order.
1 issue framed by the court
Whether the summons for judgment should be withdrawn with liberty to collect a fresh summons after amendment of plaint.
R. P. SondurBaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
