Partly allowed

Hanuman N.Sawant v. Capt. Deepak R. Salvi and Anr.

Bombay HC27 Jan 2014NMS/744/2013

Case brief

AI extract

What is this about?

Court disposed of two notices of motion seeking condonation of delay and setting aside orders rejecting written statements and transferring the suit to undefended list. Conditional orders were made upon payment of costs.

What did the court decide?

No. 743 and 744 of 2013 made absolute subject to payment of Rs. 10,000/- each within one week; suit transferred to commercial causes upon confirmation of payment.

Hanuman N.Sawant Vs Capt. Deepak R. Salvi and… — Civil Procedure and Limitation | Bombay HC (2014)

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S2442-10.DOC

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agk

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO.2442 OF 2010 WITH NOTICE OF MOTION NO.743 OF 2013 AND

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NOTICE OF MOTION NO.744 OF 2013

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Hanuman N. Sawant

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..Plaintiff.

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Versus

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Capt. Deepak R. Salvi and another

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..Defendants.

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Ms. Vibhuti Desai i/byi/by Mr. Atul G Damle, for the Plaintiff.
Mr. Rajendra R. Mishra, for Defendant No.1 / Applicant in Notice of Motion
No.743 of 2013.

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Mr. Rajendra R. Mishra i/by Mr. Vikram Chavan, for Defendant No.2 /
Applicant in Notice of Motion No.744 of 2013

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CORAM : G.S. Patel, J. Monday, 27th January 2014.

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P.C. :

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1.These are two notices of motion for setting aside the order dated 4th
July 2011 passed by the Prothonotary & Senior Master transferring the suit to
the list of undefended suits and rejecting the defendants' application for taking
their written statement on file. A prayer is also made for condonation of a delay
of 899 days.

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1 of 2

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S2442-10.DOC

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2.The affidavits in support of these notices of motion are needlessly
lengthy. The only reason for the delay is set out in paragraph 16 of the affidavit
in support of notice of motion No.743 of 2013 and in paragraphs 10 to 15 of the
affidavit in support of notice of motion No.744 of 2013.

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3.For the reasons set out in these affidavits and having heard Mr. Mishra,
learned Advocate for the defendants, both the notices of motion are made
absolute in terms of prayer clauses (a), (b) and (bb), subject to each of the
defendants paying to the plaintiffs a sum of Rs. 10,000/- within one week from
today.

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4.Registry to take the written statements on file after confirming payment
of the amount of costs. Written statements to be filed within two weeks
thereafter. The suit shall then stand transferred to the list of commercial
causes.

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5. Both the notices of motion are disposed of accordingly.

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(G.S. Patel, J.)

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2 of 2

Hanuman N.Sawant v. Capt. Deepak R. Salvi and Anr.

Case brief

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Hanuman N.Sawant v. Capt. Deepak R. Salvi and Anr.

Case brief

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