Allowed

M/S Omkar Realtors and Developers Pvt. Ltd. v. Dinesh Shah and 10 Ors.

Bombay HC5 Dec 2015NMS/990/2015

Case brief

AI extract

What is this about?

Hearing a notice of motion filed by Defendant No.11, the court set aside an order transferring the suit to the undefended list, condoned the delay in filing a written statement, and directed filing by 21/12/2015 upon payment of costs.

What did the court decide?

Order dated 01/12/2014 transferring suit to undefended list set aside; delay in filing written statement condoned; written statement to be filed by 21/12/2015 with copy to other side.

M/S Omkar Realtors and Developers Pvt. Ltd. Vs… — Civil Procedure and Limitation | Bombay HC (2015)

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8.990.15-nms

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FARAD CONTINUATION SHEET

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

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NOTICE OF MOTION NO. 990/2015

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SUIT NO.204/2014

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Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

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Court’s or Judge’s orders

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Ms. Asha Nair i/b. Diamondwala & Co. for the Plaintiff

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Mr. Chirag Shah i/b. Jitendra Shah for Defendant No.11.

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Mr. Parmeshwar Bhise-Patil i/b. Rakesh Agarwal for Defendant Nos.2 and 3.

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CORAM : K. K. TATED, J. DATE : DECEMBER 5, 2015

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P.C.:

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Heard. The Notice of Motion is filed by Defendant No.11 for condonation of delay in filing the written statement by setting aside the order dated 01/12/2014 passed by the Prothonotary & Senior Master of this court, by which the matter was transferred to the list of undefended suits.

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Considering the submissions made by the learned counsel for the Applicant - Defendant No.11 and the averments made in the affidavit in support of the Notice of Motion, I am satisfied that the Applicant - Defendant No.11 has made out a

Basavraj G Patil

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8.990.15-nms

case for allowing the Notice of Motion. At the same time, the Applicant has to pay cost of Rs.7500/-.

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Cost to be deposited in the office of the Maharashtra State Legal Services Authority, High Court, Bombay, within 2 weeks from today, failing which the Notice of Motion shall stand dismissed without further reference to the court.

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Hence, the following order is passed: a. Order dated 01/12/2014 passed by the Prothonotary & Senior Master of this court against Defendant No.11 transferring the suit to the list of undefended suits is set aside.

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b. Delay in filing the written statement is condoned.

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c. Defendant No.11 to file the written statement in the Registry on or before 21/12/2015 with copy to other side, failing which the Notice of Motion shall stand dismissed without further reference to the court.

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d. Notice of Motion stands disposed off accordingly.

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JUDGE

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Basavraj G Patil

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M/S Omkar Realtors and Developers Pvt. Ltd. v. Dinesh Shah and 10 Ors.

Case brief

What is this about?

What did the court decide?

M/S Omkar Realtors and Developers Pvt. Ltd. v. Dinesh Shah and 10 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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