Single judge allowed interim application restoring commercial suit. Plaintiff undertook to remove office objections within four weeks. Default leads to dismissal.
Commercial Summary Suit restored; four weeks granted to remove office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 51-IA 65-23 in COMSSL 1384-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.65 OF 2023
IN
COMMERCIAL SUMMARY SUIT (L) NO.1384 OF 2018
Brainer Impex Ltd. (Under Liquidation) … Applicant/Org. Plaintiff In the matter between :- Brainer Impex Ltd. … Org. Plaintiff V/s. Sanghvi Land Developers Pvt. Ltd. & Ors. … Org. Defendants
Mr. Harjyot Singh i/by Raval Shah & Company for the Applicant/Petitioner. Mr. Manmohan Rao a/w Sarika Gawde for the Defendants.
CORAM : ARIF S. DOCTOR, J. DATE : 15TH FEBRUARY 2023
P.C. :
of Commercial Summary Suit No. (L) No. 1384 OF 2018 which came to be dismissed due to failure to remove office objections. The present Applications has been file through the liquidator.
A. B. Kakde
1 of 2
2 51-IA 65-23 in COMSSL 1384-18.doc
clause (b) and (c) which read as under :-
“This Hon’ble Court be pleased to restore the Commercial Summary Suit (L) No. 1430 of 2018: This Hon’ble Court be pleased to allow the present Application and grant the Applicant 4 (four) week’s time to remove office objections in Commercial Summary Suit (L) No. 1430 of 2018:”
remove the office objections within a period of four weeks from the date of order uploaded.
removed within a period of four weeks from the date of order uploaded, the suit shall stand dismissed.
(ARIF S. DOCTOR, J.)
A. B. Kakde
2 of 2
1 issue framed by the court
Whether the commercial suit filed by the liquidator should be restored pending removal of office objections.
Brainer Impex Ltd.
Sanghvi Land Developers Pvt. Ltd.
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
