This judgment allows a chamber summons filed by the defendant to condone a delay in filing a written statement and to set aside an order adding the suit to the list of undefended suits, subject to payment of costs.
Chamber summons allowed on defendant paying Rs.15,000 to plaintiffs within one week.
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 936/15 in S 176/12-28/10/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 936 OF 2015 IN
SUIT NO. 176 OF 2012
Parag Co.op. Hsg. Society Ltd. . … Applicant Ori. Defendant
In the matter between
Pratima Chandrashekhar Singh and anr. … Plaintiffs
vs
Parag Co.op. Hsg. Society Ltd. … Defendant
Mr. Sandesh Patil i/by Mr. Dharmesh Joshi, Advocate for the applicant/ori. defendant. Mr. Sunil C. Patel, Advocate for the ori. plaintiff.
Coram : Smt. R. P. SondurBaldota, J. Date : 28th October, 2015.
P.C. :
2 CHS 936/15 in S 176/12-28/10/15
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defendant, which was demolished by Mumbai Municipal Corporation in the year 2014 as the same had become dilapidated. The affidavit-in-rejoinder of the defendant discloses the various fronts at which litigations are being fought by the defendant, which according to it caused delay in filing the written statement.
[Smt. R. P. SondurBaldota, J.]
2 issues framed by the court
Whether delay in filing written statement can be condoned allowing the defendant to be heard on merits.
Whether order adding suit to undefended list should be set aside.
Parag Co.op. Hsg. Society Ltd.
Pratima Chandrashekhar Singh and anr.
R. P. SondurBaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
