Respondent prayed to set aside the order dated 12.02.2009 which had directed the suit be placed for ex-parte decree against him. Court allowed the prayer removing objections in written statement.
Notice of Motion made absolute removing objections in written statement; suit set down for settlement of issues.
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.
3898-09.sxw
kbp
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3898 OF 2009
IN
SUMMARY SUIT NO.1776 OF 2003
Gobindram Harumal Ahuja Vs.
Shri Ratan Irani and ors.
..Plaintiff
..Defendants
Mr.M.Arshad Haindaday, for plaintiff.
Mr.Prosper D’souza, for defendant no.1.
Mr.Dinesh Shah i/b.M/s.Lilani Shah and co., for defendant no.3.
CORAM : A.S.OKA, J. DATE : 14th December, 2009.
P.C. :
1] Heard learned counsel for the first defendant in support of the Notice of
Motion. I have heard the learned counsel for the plaintiff who has opposed the
Notice of Motion.
2] The prayer in this Notice of Motion taken out by the first defendant is for setting aside the order dated 12th February, 2009 passed by this court. The said
order records that though the written statement was filed by the first defendant,
the same was under objection. Therefore, this court directed that the suit should
be placed for ex-parte decree against the first and second defendants.
3898-09.sxw
kbp
2
3] In view of the assertions made in the affidavit in support, the Notice of Motion deserves to be made absolute. Learned counsel for the first defendant states that all objections in the written statement dated 21st October, 2008 have
been removed. Hence, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). It is made clear that the order dated 12th February, 2009 shall continue to operate as against the second defendant. The suit be set down on board on 4th February, 2010 for settlement of issues.
( A.S.OKA, J. )
1 issue framed by the court
Whether the Notice of Motion for setting aside an ex-parte decree order deserves to be made absolute.
Gobindram Harumal Ahuja
Shri Ratan Irani
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court