BISLERI INTERNATIONAL PVT. LTD. Vs. LAXMIKANTA NAYAK

JUDGEMENT

(1.) Heard Mr. Bhagat for Plaintiff. He states that the Defendant has been served initially on 23rd November, 2020 alongwith all the papers of the Interim Application, Suit as well as the Leave Petition.

(2.) He further states that subsequently also on 2 nd December, 2020, 7th December, 2020 and 9th December, 2020 the Defendant was served and also sent video conference link for the hearing to be conducted on 4th December, 2020, 8th December, 2020 and 10th December, 2020 respectively. Mr. Bhagat has filed two affidavit of service dated 3 rd December, 2020 of Nitin Ingale working as Clerk in the office of Advocates of Plaintiff and Kashmira Sawant, Assistant Manager- Legal of the Plaintiff. He produced hard copy of email dated 9 th December, 2020 sent to the Defendant informing that the matter is listed today i.e. on 10th December, 2020 at Serial No. 11 and link for video conferencing was also forwarded.

(3.) He states that on 4th December, 2020, Hon'ble Shri Justice K. R. Shriram was not available and on 8 th December, 2020 the matter did not reach. Today, the matter was taken at about 1.30 p.m. and as nobody appeared for the Defendant, the matter was kept at 4.00 p.m. by asking the learned Advocate for the Plaintiff to give additional notice by email to the Defendant dated 10 th December, 2020 informing that the matter would be taken up at 4.00 p.m. today. The learned Advocate of the Plaintiff has complied with the same. Inspite of these notices, none appears at 4.00 p.m. today for the Defendant. Mr. Bhagat agrees to file further affidavit of service evidencing the manner in which the Defendant was served subsequent to 03.12.2020. Such affidavit of service be filed within three working days.