Viswanathan Durgadethan vs Mallika Gupta — Bombay HC (2025) — LawSathi Research

Viswanathan Durgadethan vs Mallika Gupta — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions: one week's time to the Respondent/Defendant to comply with the order dated 18 December 2024, subject to payment of costs as awarded earlier; reply to the Interim Application within two weeks and rejoinder within a week thereafter; on default, Interim Application No. 2289 of 2024 to be made absolute in terms of prayer Clause (b) without further reference to the Court; matter listed on 12 March 2025.

Issue for consideration

Whether the Respondent/Defendant should be granted further time to comply with this Court's order dated 18 December 2024, and the timeline for filing reply and rejoinder to Interim Application No. 2289 of 2024.

Court's answer

The Respondent/Defendant is granted one week to comply with the order dated 18 December 2024, subject to payment of costs as awarded to the Plaintiff/Applicant earlier.

Ratio / Principle

Reply to the Interim Application is to be filed within two weeks with copy to the other side; rejoinder within a week thereafter with copy to the other side.

Key takeaways

If the costs are not paid and the reply is not filed as directed, Interim Application No. 2289 of 2024 shall be made absolute in terms of prayer Clause (b) without further reference to the Court.ratio¶¶22

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J. — Interim Application No. 2289 of 2024 in Suit No. 280 of 2023, Viswanathan Durgadethan v. Mallika Gupta (order dated 12 February 2025). Noting that the Respondent/Defendant's transfer petition before the Hon'ble Supreme Court of India had been dismissed by order dated 20 December 2024, and that the Petitioner was permitted to attend the proceedings virtually unless her presence is inevitable and required by this Court, the Court granted the Respondent/Defendant one week to comply with the order dated 18 December 2024, subject to payment of costs as awarded to the Plaintiff/Applicant earlier. Reply to the Interim Application was to be filed within two weeks, with rejoinder within a week thereafter. The Court made clear that on failure to pay the costs and file the reply, Interim Application No. 2289 of 2024 would be made absolute in terms of prayer Clause (b) without further reference to the Court. Matter listed on 12 March 2025.

7-IA-2289-2024.doc

+IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.2289 OF 2024

IN

SUIT NO.280 OF 2023

Viswanathan Durgadethan ...Applicant V/s. Mallika Gupta ...Respondent

WITH INTERIM APPLICATION (L) NO.26396 OF 2024 IN INTERIM APPLICATION NO.2289 OF 2024

Mr.Mohan Bir Singh i/b MBS & Co., Advocate for the Applicant/Plaintiff. Mr. Shashanka Bajpai (through VC) and Ms.Aashna Mehra a/w Mr.Ankit Tiwari i/b V.B. Tiwari & Co., Advocate for the Respondent/Defendant.

CORAM : ABHAY AHUJA, J. DATE : 12^th FEBRUARY, 2025

P.C. :

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.02.12 19:03:41 +0530

Pursuant to the earlier orders of this Court, today when the matter is called out, Mr. Bajpai, learned Counsel appears for the Defendant and submits that pursuant to the order dated 18^th December, 2024, the Respondent/Defendant had moved the Hon’ble Supreme Court of India seeking the transfer of the proceedings and that the said Petition was dismissed by order dated 20^th December, 2024 by the Hon’ble Supreme Court, however, the Petitioner was permitted to Nikita Gadgil 1/3

7-IA-2289-2024.doc

attend the proceedings virtually, unless her presence is inevitable and required by this Court.

Mr. Bajpai submits that one week’s time be granted to comply with the order dated 18^th December, 2024.

Mr. Bir, learned Counsel appearing for the Applicant has no objection if one week’s time is granted to comply with the orders of this Court, considering the fact that the Transfer Petition filed by the Respondent / Defendant has been dismissed by the Hon’ble Supreme Court.

Accordingly, let order dated 18^th December, 2024, be complied with by the Respondent / Defendant within a period of one week, subject to payment of costs as awarded to the Plaintiff/Applicant earlier.

Subject to the above, let reply to the Interim Application be filed within a period of two weeks with copy to other side. Rejoinder in a week thereafter with copy to other side.

Nikita Gadgil

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7-IA-2289-2024.doc

It is once again made clear that if the costs are not paid as above and the reply is not filed thereafter as above, the Interim Application No. 2289 of 2024 be made absolute in terms of prayer Clause (b) without further reference to the Court.

List on 12^th March, 2025.

(ABHAY AHUJA, J.)

Nikita Gadgil