ASIAN PAINTS LIMITED Vs. OM SAI KRIPA ENTERPRISES

JUDGEMENT

(1.) Mr. Vinod Bhagat, learned Counsel appearing for the Applicant/Plaintiff has tendered WhatsApp message sent to Defendant No.2 on 5/6/2023 which informs the Defendant of today's date when the matter has been listed and to remain present if the Defendant so desires. The WhatsApp message has been received as borne out from the two blue ticks which appear on the WhatsApp message. The WhatsApp message has also appended a copy of the order dtd. 31/3/2023 as service upon the Defendant. WhatsApp message sent on 5/6/2023 which is tendered is taken on record and marked 'X' for identification.

(2.) Mr. Bhagat has referred to the prior orders passed by this Court including ex-parte ad-interim order dtd. 20/8/2022 which has been continued from time to time and is in operation till today. By order dtd. 3/1/2023 this Court had recorded that the Court Receiver had executed the ex-parte ad-interim order and submitted Court Receiver's Report No.307 of 2022, which has been taken on record. The said order further records that the Defendants have been served with the Application called out for hearing. The learned Counsel appeared for Defendant No.1. Accordingly, time was granted for filing affidavit in reply which was to be filed within four weeks from the date of the said order.

(3.) The learned Counsel for Defendant No.1 has also appeared today and has sought time for settlement of the captioned Suit.