Allowed

Dart Industries Inc. and Anr. v. Ratan Plasticware and 2 Ors.

Bombay HC16 Jul 2019NMCD/1232/2019

Case brief

AI extract

What is this about?

The court considered an application for condonation of delay in filing a written statement. The court effectively treated the delay as six days, accepted the explanation, allowed the notice of motion, and ordered a donation to a hospital. Standard procedural directions for document inspection and framing of issues were also issued.

What did the court decide?

Notice of motion allowed; registry to accept written statement; defendant to pay Rs.10,000 to K.E.M. Hospital; suit listed for issues on 19 August 2019.

Dart Industries Inc. and Anr. Vs Ratan… — Contract and Commercial Disputes | Bombay HC (2019)

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nmcd-1232-19(17).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO.1232 OF 2019 IN

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COMMERCIAL IP SUIT NO.1423 OF 2018

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Dart Industries INC. & Anr ..Plaintiffs Vs. Ratan Plasticware & Ors ..Defendants

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..Defendants

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Mr. Anees Patel a/w Mr. Hardik Sampat I/b Anees Patel for Plaintiff/Applicant Mr. H. W. Kane a/w Mr. Rahul Kadam and Ms. Vedangi Soman I/b W. S. Kane and Co. for Defendants

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CORAM : K.R.SHRIRAM, J.

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DATE : 16^th JULY 2019

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P.C.:

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1 This is an application for condonation of delay in filing the

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written statement. Written statement was served on 2^nd January 2019, 30 days expired on or about 1^st February 2019 and the written statement has been declared on 7^th February 2019. A copy of the written statement has been served on plaintiffs on 8^th February 2019, but this notice of motion for condonation of delay has been lodged on 20^th April 2019. Therefore, technically, there is a delay of 77 days in filing the written statement in the registry, though the written statement has been declared with a delay of about 6 days.

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2 The reason is given in paragraph 4 of the affidavit in support. No affidavit in reply has been filed but counsel for plaintiffs states that

Meera Jadhav

nmcd-1232-19(17).doc

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defendants should have approach the court immediately after 7^th February 2019 and should not have waited till 20^th April 2019. I would have also expected defendants to have approach the court promptly.

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3 Be that as it may, since the written statement itself has been declared on 7^th February 2019 and copy has been served on 8^th February 2019, I would proceed in this case, based on the facts and circumstances, that the delay has been only of about 6 days. That delay has been explained to my satisfaction in paragraph 4 of the affidavit in support.

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4 In the circumstances, notice of motion is allowed. Registry to accept the written statement and take the written statement on record, subject to removal of office objections, if any.

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5 Defendants to pay a sum of Rs.10,000/- as donation to Dean pbcf kem hospital , K.E.M. Hospital, Dr. E. Borges Road, Parel, Mumbai400012 within two weeks from today and forward the proof of payment to plaintiffs advocate within two weeks.

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6 Notice of motion accordingly stands disposed.

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7 On or before 2^nd August 2019 parties shall give inspection of

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their respective documents. If inspection is not given, such party will not be permitted to rely on such document. On or before 9^th August 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.

Meera Jadhav

nmcd-1232-19(17).doc

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8 Suit be listed for issues on 19^th August 2019 on which date

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parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms.

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(K.R. SHRIRAM, J.)

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Meera Jadhav

Dart Industries Inc. and Anr. v. Ratan Plasticware and 2 Ors.

Case brief

What is this about?

What did the court decide?

Dart Industries Inc. and Anr. v. Ratan Plasticware and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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