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2014 Supreme(Bom) 2113

R.M.SAVANT
Radhakrishna Carriers – Appellant
Versus
Pelhar Automobiles – Respondent


Advocates:
Advocate Appeared:
Mr. V.S. KAPSE with Mr. AJIT KAYALE & Mr. RAJESH DHARAP i/b Mr. HARISH R. PAWAR, Aavs. for the Petitioners.
Mr.A.R. PAL i/b Mr. v.v. PAI, for the Respondent.

JUDGMENT :-

Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 08.07.2013 passed by the learned Judge of the City Civil Court, Greater, Mumbai, by which order, Notice of Motion No 427 of 2013 filed by the Petitioners herein came to be dismissed. The Petitioners are the original Defendants in the suit in question being Summary Suit No 4914 of 2012 filed by the Respondent herein under Order XXXVII of the Code of Civil Procedure for recovery of a sum of Rs.6, 06, 110/- towards the supply of petroleum products to the Petitioners between the period 2006 to July 2011. In the said suit, summons came to be served on the Petitioners. The Vakalatnama on behalf of the Defendants came to be filed on 10.12.2012. The same was taken on record and marked as Exh.2. The suit was thereafter adjourned to 4th February, 2013 for directions. It seems that on 28th December, 2012, a summons for judgment was moved before the Trial Court by the Plaintiff and leave was sought to register the same. The Trial Court passed an order directing the Plaintiff to register the Summons for Judgment o




















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