IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.400 OF 2008 IN SUMMARY SUIT NO.2198 OF 2008 Cavendish Shipping Limited .... Plaintiff V/s. Falcon Marine Management Pvt. Ltd. .... Defendant Mr.Janak Dwarkadas, Sr.Advocate, with Mr.Ankit Rajput i/by Dave Girish & Co., for the plaintiff. None for the defendant. CORAM : D.G.KARNIK, J. DATED : 02nd APRIL, 2009. P.C. 1. Heard the learned counsel for the plaintiff. Perused the Bailiff Report dated 10-12-2008 regarding service of writ of summons. Relevant portion of the report reads thus : - “Summons was duly served by Bailiff of this Office on 02-12- 2008 upon Mrs.Trupti Patil, Manager of Consolidated Waste management India (P) Ltd., accepted for Falcon Marine Management Pvt. Ltd. at her present office address”. 2. The Bailiff report does not state that Mrs.Trupti Patil was an employee of the defendant – Falcon Marine Management Pvt. Ltd. There is nothing on record to show that Mrs.Trupti Patil was an employee of the defendant. On the contrary, the Bailiff report shows that Mrs.Trupti Patil was a Manager of some other Concern namely Consolidated Waste 2 Management India (P) Ltd. 3. In view of this, the service of writ of summons of the defendant on Mrs.Trupti Patil is not accepted as a valid service. The plaintiff is directed to re-serve the writ of summons on the defendant. Since the summons for judgment has been taken out even before writ of summons, the summons for judgment does not survive and stands disposed of, with liberty to the plaintiff to apply after service of writ of summons on the defendant. ( D.G.KARNIK, J. )