Allowed

Shri Prabhakar D. Bhalerao v. Smt. Shobha Sanjay Meshram

Bombay HC21 Dec 2021WP/9784/2016

Case brief

AI extract

What is this about?

This Writ Petition challenges an order rejecting a defendant’s application to file a written statement in a regular civil suit due to alleged non-service. The High Court set aside the impugned order, emphasizing the pending stay and returned envelope, directing the lower court to conclude proceedings within one year.

What did the court decide?

Impugned order rejecting application to file written statement is set aside subject to payment of Rs. 10,000 costs.

Shri Prabhakar D. Bhalerao Vs Smt. Shobha… — Civil Procedure and Limitation | Bombay HC (2021)

¶1

1/3 25 WP 9784-16.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9784 OF 2016

¶3

Prabhakar D. Bhalerao .. Petitioner Versus Shobha Sanjay Meshram .. Respondent

¶4

Mr. Chintan Y. Shah i/b Varsha Bhogle for the petitioner. Mr.Manoj M. Badgujar for the respondent.

¶5

CORAM: BHARATI DANGRE, J. DATED : 21^st DECEMBER 2021

¶6

P.C:-

¶7

1 Rule. Rule made returnable forthwith. Heard by

¶8

consent.

¶9

2 The petitioner is the original defendant who is aggrieved by an order passed below Exhibit-27 in Regular Civil Suit No.132 of 2012. By the said order, the application filed by the defendant for setting aside the ex-parte order against him and for taking his written statement on record is rejected.

¶10

3 Heard learned counsel for the petitioner and learned counsel for the respondent and perused the impugned order. Tilak

¶11

2/3 25 WP 9784-16.doc

¶12

4 The sole submission on which the petition deserves to be allowed is the fact that the defendants filed the applications specifically stating therein that the suit summons was not served upon him.

¶13

The learned Judge has referred to an envelope which was not claimed but brought on record. By noting the above, the matter proceeded ex-parte against the defendant. Recording that the plaintiff has examined himself and one another witness and the Suit being instituted in the year 2010, the attempt on part of the defendant was described as an attempt to delay the proceedings.

¶14

5 Pertinent to note that the proceedings in the said suit are stayed by an order passed by this Court on 7^th September 2016 and the order continue till date.

¶15

In wake of the above, the specific stand of the defendant before the learned Judge is that he was not served with the summons; the learned Judge ought to have shown some indulgence, since in any way, the notice had returned with an endorsement “not claimed”. There is no finding rendered to the effect by the learned Judge that this amounted to service being effected. In absence thereof, I am inclined to grant indulgence, particularly when the proceedings in the Suit are at stand-still since last five years. This, however, shall be subject to payment of costs of Rs.10,000/- by the defendant to the plaintiff in the Suit

¶16

Tilak

¶17

3/3 25 WP 9784-16.doc

¶18

within a period of four weeks from today. Subject to costs being paid, the impugned order is set aside with a request to the learned Judge to culminate the proceedings in the Special Civil Suit No. 358 of 2010 within a period of one year from today.

¶19

6 Parties shall render their assistance to the learned Judge in expeditious conclusion of the Suit.

¶20

If necessary, the learned Judge may permit leading of additional evidence on the written statement by the defendant being brought on record.

¶21

7 Rule is made absolute in the aforesaid terms.

¶22

SMT. BHARATI DANGRE, J

¶23

Tilak

Shri Prabhakar D. Bhalerao v. Smt. Shobha Sanjay Meshram

Case brief

What is this about?

What did the court decide?

Shri Prabhakar D. Bhalerao v. Smt. Shobha Sanjay Meshram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Deepak Builders Private Limited Vs Sureshkumar Pukhraji Jain Alias Khimsera and Anr.

Smt. Ranjana Gangaram Dhondkar Vs Smt. Savitrabai Dharma Dhondkar and Anr.

Bhimrav Bapu Chavan Vs Manisha Alias Suman Mohan Golivadekar and Ors.

Smt. Janabai Shivram Chothe through Poa Suresh Shivram Chothe Vs Shri. Balgonda Shivagouda Patil and Ors.

Prakash Namdev Shinde and Ors. Vs Dhananjay Ramchandra Bhosale

Miyalal Matin Shaikh Vs Shabbir a. Hamid Shaikh (Since Deceased) Thr. Lrs.