BANSAL TEA COMPANY Vs. HERSHEY INDIA PRIVATE LIMITED

JUDGEMENT

(1.) The Court : GA No.994 of 2016 has been taken out by the plaintiff praying for a direction on the department for issuing a fresh writ of summons for being served upon the defendants and for extension of the returnable date of the writ of summons.

(2.) The suit was instituted in the year 2010. The reasons pleaded for non-service of the writ of summons on the defendants till date are in paragraphs 23, 24 and 25 of the petition, which read as follows:

(3.) Mr. Sharma, learned Advocate for the plaintiff submitted that the plaintiff relied on its learned Advocates for compliance of all procedural formalities. There were no laches on the part of the plaintiff. Several interlocutory applications have been heard by this Court in connection with the suit. Further the defendants have not approached this Court for dismissal of the suit on the ground of non-service of writ of summons. He submitted that the Courts generally take a lenient view in the matter of condoning any shortcoming in so far as the service of writ of summons is concerned.