Allowed a Chamber Summons to recall a conditional order filing a Written Statement. The Court condoned a delay of one year and 84 days, noting Defendants participated up to the Supreme Court, and imposed costs.
Chamber Summons allowed; Written Statement to be filed within four weeks subject to payment of costs of Rs. 15,000.
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.
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Chs-737-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
CHAMBER SUMMONS NO.737 OF 2015 IN
SUIT NO.443 OF 2013
… Mr.Rajdai Nandlal Shah ...Plaintiff v/s. Mahendra Mangruram Gupta & ors. ...Defendants (Applicants)
Mr.V.Y.Sanglikar for the Plaintiff. Mr.S.M.Railkar for Defendants Nos.1 &2/Applicants.
... CORAM : A.A. SAYED, J. DATED : 16 JUNE 2015
P.C.
This Chamber Summons is taken out by Defendants Nos. 1 & 2
to recall the conditional order dated 24 July 2014 passed by the Prothonotary & Sr.Master and to take the Written Statement on record by condoning delay of one year & 84 days.
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Chs-737-15.doc
in the proceedings at the interlocutory stage and had filed an appeal in this Court and also an SLP in the Supreme Court against the order of this Court. Considering the facts and circumstances, I am satisfied that Defendants Nos.1 & 2 ought to be granted an opportunity to defend the suit. The Defendants Nos. 1 & 2 cannot be said to have been completely negligent in the matter, as they were prosecuting the proceedings at the interlocutory stage right upto Supreme Court.
(ii) Written Statement to be filed within four weeks, subject to payment of costs as stipulated above.
kambli
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1 issue framed by the court
Whether the Court should condone the delay of one year and 84 days in filing the Written Statement and recall the conditional order regarding its filing.
Mr. Rajdai Nandlal Shah
Mahendra Mangruram Gupta
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
