The High Court dismissed the Defendants' Notice of Motion seeking condonation of a 12-year delay in filing a Written Statement and leave to file a Counter-claim. None appeared for the Defendants.
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213-NMS911-15.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 911 OF 2015
IN
SUIT NO. 3443 OF 2004
Sabmiller India Limited…Plaintiffs
Versus
Mohan Rocky Spring Water Breweries Limited…Defendants
Mr. Ashutosh Kane, with Mr. Nikhil Sharma, i/b M/s. W.S. Kane &
Co., for the Plaintiffs.
None for the Defendants.
CORAM: G.S. PATEL, J DATED: 5th December 2016
PC:-
1.This is the Defendants' Notice of Motion to condone the
delay of 12 years for filing the Written Statement, and for leave to
file a separate Counter-claim. It is not in dispute that the Suit was
transferred to the list of undefended cause on 10th November 2008
or that by later order dated 8th March 2013 (Mr. Justice S.J.
Kathawalla).
2.An amendment was permitted and liberty was granted to the
Defendants to file Additional Written Statement on or before 30th
March 2013. There is even today no Written Statement filed.
Page 1 of 2
5th December 2016
213-NMS911-15.DOC
3. None appears for the Defendants. The Notice of Motion is dismissed with costs.
(G. S. PATEL, J.)
Page 2 of 2
5th December 2016
1 issue framed by the court
Whether the delay of 12 years in filing the Written Statement can be condoned.
Sabmiller India Limited
Mohan Rocky Spring Water Breweries Limited
G. S. PATEL, J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court