The Bombay High Court dismissed the appeal challenging a Single Judge's order directing a defendant to file a written statement. The court held that a subsequent order by the Prothonotary & Senior Master effectively set aside the earlier dismissal.
Appeal is dismissed; Notice of Motion is disposed of.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.87 OF 2016 IN SUIT NO.235 OF 2014 WITH NOTICE OF MOTION (L) NO.645 OF 2016
Tricklers Recreation Private Limited ...Appellant Versus Planet M Retail Limited and Anr ...Respondents
Mr.Rajiv Singh a/w Mr.L.R.Shukla i/b Legal Vision, for the Appellant. None for the Respondents.
CORAM : V. M. KANADE & REVATI MOHITE DERE, JJ. DATE : 2nd MARCH, 2016
P.C. :
that the order dated 10th December, 2014 passed by the Prothonotary & Senior Master dismissing the suit for non-compliance under Original Side Rule 87 still subsists and therefore the direction given by the learned Single Judge in his order dated 14th January, 2016 directing the defendant no.2 to file the written statement is incorrect.
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learned Single Judge has clearly mentioned in the said order that by a subsequent order dated 9th March, 2015 the Prothonotary & Senior Master by way of a last chance and indulgence had directed the plaintiff to serve the defendant no.2 and thereafter the defendant no.2 was served and he appeared before the learned Single Judge on 16th November, 2015. The learned Single Judge has thus interpreted the subsequent order to mean that the first order is set aside.
is accordingly disposed of.
REVATI MOHITE DERE, J. V.M. KANADE, J.
1 issue framed by the court
Whether the Single Judge's direction to the defendant to file written statement was incorrect after the Prothonotary's subsequent order.
Tricklers Recreation Private Limited
Planet M Retail Limited
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
