IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7440 OF 2025 IN COMMERCIAL SUIT NO. 739 OF 2017 National Spot Exchange Limited … Applicant/Plaintiff Vs.

Tata AIG General Insurance … Defendant Company Limited Mr. Aakash Rebello a/w. Mr. Burzin Somandy, Ms.Swati Chaudhary, Ms. Rina Ram i/b. Ms. Tejaswita Nalawade (Somandy) for the Applicant/Plaintiff.

CORAM : GAURI GODSE, J. DATE : 6^th JANUARY 2026 ORDER :

1. This application is filed by the plaintiff seeking directions against defendants to furnish and produce documents. Learned counsel for the plaintiff submits that this application is filed in terms of Rule 5 of Order XI of the Code of Civil Procedure, 1908 (“CPC”) applicable to commercial disputes.

2. He points out order dated 3^rd February 2025 regarding Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI 1/3 PILLAI Date:

2026.01.08 the statement made on behalf of the plaintiff that the writ of summons has been served on the defendant on 6^th November 2017. He further points out that the proof of service of writ of summons is not on record.

3. Though order dated 3^rd February 2025 records that time to file written statement has elapsed and the suit has become an undefended suit, he further submits that since there is no proof of service of writ of summons on the defendants, the order dated 3^rd February 2025 will have to be recalled and the plaintiff be permitted to serve fresh writ of summons on the defendants.

4. Learned counsel for the plaintiff also points out the order dated 18^th December 2025 passed by the learned Prothonotary and Senior Master recording that there is no affidavit on record confirming the fact that writ of summons was served upon the defendants.

5. Learned counsel for the plaintiff submits that the statement that writ of summons was served on defendant on 6^th November 2017 as recorded in order dated 3^rd February 2025 was made by relying upon the noting made on the daily board. Learned counsel for the plaintiff therefore seeks time to take steps for recalling/clarification/review of order dated

3^rd February 2025.

6. Stand over to 3^rd February 2026.

[GAURI GODSE, J.]