Allowed

Santosh Dnyanoba Taware and Ors. v. Rajendra Dagdu Vable

Bombay HC10 Apr 2024WP/3896/2023

Case brief

AI extract

What is this about?

This bench allowed a writ petition challenging an order disallowing a written statement. The court permitted the written statement on payment of Rs. 15,000 as costs, removed the stay on the suit, and directed the filing of the written statement and payment of costs by 15th April 2024.

What did the court decide?

Petition allowed; order disallowing written statement quashed; written statement permitted on payment of Rs. 15,000 costs; stay on suit removed.

Santosh Dnyanoba Taware and Ors. Vs Rajendra… — Contract and Commercial Disputes | Bombay HC (2024)

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32-ASWP-3896-2023.DOC

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Ganesh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3896 OF 2023

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Santosh Dnyanoba Taware & Ors …Petitioners Versus Rajendra Dagdu Vable …Respondent

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Mr Sushant S Prabhune, for the Petitioners (VC). Mr Prasad Avhad , i/b Chetan Nagare, for the Respondent.

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CORAM Kamal Khata, J. DATED: 10th April 2024

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PC:-

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1. The Petition challenges the order disallowing the written statement that was permitted to be filed subject to payment of costs in the sum of ₹ 1,000/-. The Petitioners are willing to pay the cost of Rs.15,000/- to the Respondent. That shall be paid to the Respondent on or before 15th April 2024. The Respondent has no objection to permit filing of the written statement if costs are paid.

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2. Heard the Petitioner’s Advocate and perused the reasons stated in the Petition. I am inclined to pass the following order:

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i. The Petition is made absolute in terms of prayer clause (a);

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Page 1 of 2 10th April 2024

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32-ASWP-3896-2023.DOC

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ii. The written statement shall be filed and served on or before 15th April 2024;

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iii. Failure to file and serve the written statement or failure to pay the cost to the Respondent by 15th April 2024, shall revive the impugned order dated 20th February 2023 without further reference to this Court.

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3. In the event, the written statement is filed and served and the costs paid to the Respondent, the trial Court may hear the Suit as expeditiously as possible. The stay on the Suit is accordingly removed.

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Digitally signed by GANESH GANESH SUBHASH SUBHASH LOKHANDE LOKHANDE Date: 2024.04.10 19:26:18 +0530

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4. The Respondent shall furnish the bank account details to the Petitioner by the end of the day tomorrow. The Petitioner shall deposit the cost of Rs. 15,000/- through NEFT/or any online mode in the bank account of the Respondent and communicate the same to the Respondent by email/sms. The Petitioner’s Advocate shall communicate to the Registry about the compliance of the order.

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5. Petition is disposed of in the above terms.

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(Kamal Khata, J)

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Page 2 of 2 10th April 2024

Santosh Dnyanoba Taware and Ors. v. Rajendra Dagdu Vable

Case brief

What is this about?

What did the court decide?

Santosh Dnyanoba Taware and Ors. v. Rajendra Dagdu Vable

Case brief

What is this about?

What did the court decide?

What the court decided

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