1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 5405 OF 1998 WITH NOTICE OF MOTION NO.231 OF 2010 IN SUMMARY SUIT NO. 5405 OF 1998 Messrs Mahindra & Mahindra Ltd. ...Plaintiffs Vs. Jord Engineers India Ltd. & Ors. ...Defendants ----- Ms.Puja Acharekar i/b. JMB Partners for Plaintiffs Mr. P.M. Jadhav i/b. Mr. V.P. Sawant for Defendant No. 1. ----- CORAM: V.M. KANADE J. DATED: 28TH JANUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiffs and the Defendants. 2. The learned Counsel for the Defendants submits that the Defendant Company has been declared as a sick unit in the BIFR proceeding. He has annexed the copy of the order dated 9th November, 2005. 3. In view of the said order and the averments made in paragraph No.6 of the affidavit in support, the Notice of Motion is allowed in terms of prayer clause 2 (a). Liberty to the parties to apply. Notice of Motion is disposed of. (V.M. KANADE J.)