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KAMAL KHATA
Hikal Limited – Appellant
Versus
Paxchem Limited – Respondent
JUDGMENT :
1. This Interim Application seeks dismissal of the Commercial Summary Suit (CSS) for failure to take out and serve the Writ of Summons and Summons for Judgment.
2. The reason for seeking dismissal of the suit is that though the CSS was filed on 28th September 2021, the Plaintiff failed to comply with the mandatory provisions of Commercial Courts Act, 2016 (‘CCA’) and Code of Civil Procedure, 1908, (‘CPC’) Bombay High Court (Original Side) Rules and Practice Notes issued by the Prothonotary and Senior Master, High Court Bombay and failed to serve the summons for judgment within the stipulated period of six months’ time.
3. Mr. Surve, learned counsel for the Applicant contended that the Defendant received intimation with regard to the matter for the first time only on 7th June 2022 i.e. after a period of 8 months from the date of filing of the suit on 28th September 2021. It is submitted that, as per the Plaintiff’s Advocate’s email, the Writ of Summons that was attempted to be served on the Applicant’s registered address was returned by the Post Office with a remark “left” which establishes that the Applicant was not served. He submitted that the Plaintiff was always aware a
Transfer of suits from ordinary to commercial divisions does not necessitate formal service of summons if the defendant has appeared and engaged counsel.
The appearance of an Advocate and filing of a Vakalatnama by him could not dispense with the requirement of service of summons. The time to file written statement commences only after service of the ....
Service of summons via email and WhatsApp is deemed valid under the Code of Civil Procedure when proof exists, and delay due to negligence in responding to litigation cannot be condoned in commercial....
Non-compliance with court orders and failure to provide sufficient cause for delay can lead to the dismissal of a suit.
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