Single judge notice of motion made absolute ordering costs against defendant for delay in filing written statement and specifying the deadline for filing the statement.
Costs of Rs.10,000 awarded against 1st defendant for delay; liberty to defendant to apply if issue arises regarding transmission of written statement.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.903 OF 2013 IN
SUIT NO.1258 OF 2012
R.R. Oomerbhoy Private Limited
..Plaintiffs.
Versus
Salov S.P.A.
..Defendants.
Mr. Rehman i/by M/s. D.H. Law Associates, for the Plaintiffs.
Ms. S.L. Shah i/by Shah Legal, for the Defendants.
CORAM : G.S. Patel, J. Monday, 10th February 2014.
P.C. :
1.For the reasons set out in the affidavit in support of the notice of
motion, the notice of motion is made absolute in terms of prayer clauses (a),
(b) and (c), subject to the following:-
(a) the 1st defendant shall, on or before 18th February 2014, pay a sum of Rs.10,000/- to the Maharashtra Legal Services Authority as costs for the delay in filing the written statement and in filing the present notice of motion; and1 of 2
(b) the written statement shall be filed on or before 20th February 2014.2.The written statement has been affirmed in Italy and then been
transmitted to the advocates in India. Liberty to the advocates for the 1st
defendant to apply if there is any issue regarding filing of the written
statement.
3. The registry not to take the written statement on file without verification that the costs have been paid.
2 of 2
G.S. Patel
As recorded by the court registry
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