Allowed

Shiv Mangal Developers v. Alamdar Infrastructure Pvt. Ltd.

Bombay HC4 Jul 2019NMCD/1513/2019

Case brief

AI extract

What is this about?

This notice of motion sought condonation of delay in filing a written statement. The court condensed the delay and directed the registry to take the written statement on record. Directions were issued for document inspection and exchange of admission and denial statements.

What did the court decide?

Condonation of delay of 61 days in filing written statement allowed. Registry directed to take written statement on record.

Shiv Mangal Developers Vs Alamdar… — Civil Procedure and Limitation | Bombay HC (2019)

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1/2 nmcd-1513-19(916).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO.1513 OF 2019

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COMMERCIAL SUIT NO.279 OF 2O19

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Shiv Mangal Developers Vs.

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Alamdar Infrastructure Pvt Ltd

..Plaintiff

..Defendant

None for Plaintiff

Mr. Mustafa Kachwala I/b Kachwala Misar and Co. for Defendant/Applicant

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CORAM : K.R.SHRIRAM, J. DATE : 4^th JULY 2019

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P.C.:

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1 This notice of motion is for condonation of delay of 61 days in filing the written statement. Writ of summons was served as stated in affidavit in support on 14^th March 2019 and the written statement has been declared on 13^th June 2019. Nobody is appearing for plaintiff though served. Mr. Kachwala states that plaintiff was given notice on 13^th June 2019, 14^th June 2019 and 25^th June 2019. No affidavit opposing the notice of motion also filed.

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2 I have also considered the affidavit in support. For the reasons mentioned therein and particularly in paragraph nos.5 to 8, I am inclined to condone the delay. Accordingly notice of motion allowed in terms of prayer clause (a).

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Meera Jadhav

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nmcd-1513-19(916).doc

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2/2

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3 Registry to take the written statement on record. Mr. Kachwala states that copy of the written statement has already been provided to plaintiff.

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4 By 20^th July 2019 inspection of documents to be completed. If inspection is not given, such party will not be permitted to rely on such document. By 26^th July 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.

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5 Suit be listed for issues on 5^th August 2019 on which date 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

Shiv Mangal Developers v. Alamdar Infrastructure Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Shiv Mangal Developers v. Alamdar Infrastructure Pvt. Ltd.

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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