The High Court dismissed the appeal against an order condoning a 470-day delay in filing a written statement, finding no perversity in the Single Judge's discretion. The Court remitted the matter for framing issues and recording evidence.
Appeal dismissed; Sate for framing issues and directions for recording evidence.
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.
APP190-18.7
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PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.190 OF 2013 IN NOTICE OF MOTION NO.43 OF 2013 IN
SUIT NO.2669 OF 2009
Jaipal Jain and others versus National Building Corporation and others
..Appellants.
..Respondents.
Mr. Uzai Kazi i/b Divya Shah Associates for the Appellants. Mr. Yadunath Chaudhari i/b Ms. Reena Salunkhe for Respondent No.2
CORAM : DR.D.Y.CHANDRACHUD, AND S.C.GUPTE, JJ.
18 July 2013.
P.C. :
The learned Single Judge has condoned the delay of 470 days in filing the written statement subject to the payment of costs quantified at Rs.10,000/-. In our view, no ground for interference with a discretionary order has been made out in the Appeal particularly in view of the fact that the exercise of discretion is not shown to be perverse. We accordingly dismiss the Appeal. However, on the request of the learned counsel appearing on behalf of the contesting parties, we would request the learned Single Judge to set down the suit for directions in order that issues can be framed thereafter and a direction can be issued for recording of evidence.
(Dr. D.Y.Chandrachud, J.)
(S.C. Gupte, J.)
2 issues framed by the court
Whether interference is warranted in the Appellate Court's discretionary order condoning a 470-day delay in filing the written statement.
Whether the suit requires framing of issues and issuance of a direction for recording evidence.
Jaipal Jain and others
National Building Corporation and others
Dr. D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
