HIKAL LIMITED Vs. PAXCHEM LIMITED

JUDGEMENT

(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 Judgement.

(2.) The reason for seeking dismissal of the suit is that though the CSS was filed on 28/9/2021, 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 judgement 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 7/6/2022 i.e. after a period of 8 months from the date of filing of the suit on 28/9/2021. 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 about the Defendant's Navi Mumbai address as well as the email address and chose not to serve the Defendant and hence the failure to serve is evident.