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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
In the matter between :Anil Dhanraj Jethani – Appellant
Versus
Firoz A. Nadiadwala – Respondent
| Table of Content |
|---|
| 1. overview of the interim application specifics (Para 1 , 2) |
| 2. defendant no. 1's arguments regarding service and jurisdiction (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. procedural requirements regarding summons service (Para 9 , 10 , 11 , 12 , 13) |
| 4. plaintiffs' arguments and counterclaims (Para 14 , 15 , 17 , 18 , 19) |
| 5. developments in case law affecting summons service (Para 20 , 21 , 22 , 23) |
| 6. court observations on procedural fairness and merits (Para 24 , 25 , 26 , 27) |
| 7. analysis of law applied to procedural context (Para 28 , 30 , 31 , 32) |
| 8. court's reasons for dismissing aspects of defendant's requests (Para 33 , 34 , 35) |
| 9. final conclusions on the necessity of summons service (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 10. final determinations concerning prayers (Para 42 , 43 , 44) |
| 11. conclusive order and dismissal (Para 46 , 47 , 48 , 49) |
ORDER :
ABHAY AHUJA, J.
1. This Interim Application has been filed by the Defendant No.1 seeking the following reliefs :
“(a) That the above Commercial Suit No.88 of 2015 (Regular Suit No.1148 of 2015 bearing (L) No.852 of 2015) be dismissed as the Plaintiffs have not taken steps to issue and serve Writ of Summons on the Applicant/Org. Defendant No
Transfer of suits from ordinary to commercial divisions does not necessitate formal service of summons if the defendant has appeared and engaged counsel.
The failure to lodge a writ of summons invalidated the suit, making any proceedings and transfers null and affecting the court's jurisdiction.
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 ....
The mandatory timeline of 120 days for filing a written statement in a commercial suit is not applicable to suits originally filed as ordinary suits and subsequently transferred as commercial suits t....
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
The court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
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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