Single Judge NOTICE OF MOTION condoning 22-year delay in filing written statement to counter claim, ordered costs, and fixed date for issue framing.
Motion allowed; Rs.15,000 costs imposed; reply to be filed within three weeks; framing of issues fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.307 OF 2009
IN
SUIT NO.684 OF 1984
Tata Exports Ltd... Plaintiff
Versus
MBA Enterprises & Ors... Defendants
Mr.R.P.Gurjar i/b. Khaitan & Jayakar for
plaintiff
Mr.Dushyant Purekar i/b. Federal & Rashmikant
for defendants.
CORAM :S.C.DHARMADHIKARI, J.
DATE:3rd March 2009.
P.C.
.This is a notice of motion seeking
condonation of delay in filing written statement
to the counter claim. The motion is by the
original plaintiff to the suit and defendant to
the counter claim. It is vehemently contended by
the learned Counsel for original defendants and
plaintiffs to the Counter claim that there is no
2
explanation for the delay. The written statement
and counter claim was filed in the year 1986
whereas the reply is sought to be placed on
record in 2009. The delay of 22 years and 190
days has not been explained much less,
satisfactorily.
2.From a perusal of this motion and
affidavit, it is apparent that the suit has been
filed by the plaintiffs in the year 1984. The
written statement and counter claim is placed on
record in the year 1986. However, there is no
written statement to the counter claim on behalf
of plaintiffs to the suit. Although, the
affidavit does not set out the version which
could be termed as satisfactory and sufficient
for the delay, yet, there is discretion in the
court to condone the delay, if it is found that
the claim is being proceeded with in right
earnest and bonafide. Plaintiffs have now
engaged another Advocate who has assured the
3
Court that prompt steps will be taken to proceed
with the suit and counter claim. It is in facts
peculiar to this case that the delay is condoned.
Notice of motion is made absolute in terms of
prayer clause (a) subject to the plaintiffs to
the suit and defendants to the counter claim
paying cost quantified at Rs.15,000/- to the
defendants to the suit and plaintiffs to the
counter claim. Cost to be paid within three
weeks from today. If the costs are tendered
within three weeks from today, reply/ written
statement to the counter claim be taken on
record. Costs to be paid to defendant’s
Advocate. Place the suit for framing issues on
30th March 2009.
(S.C.Dharmadhikari, J)
Tata Exports Ltd
MBA Enterprises & Ors
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court