Bombay High Court
Indo German Alkaloids And Anr vs Saldanha Realty And Infrastructure Pvt ... on 28 November, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
sr.47.coms.33.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.33 OF 2017
INDO German Alkaloids and Anr. ... Plaintiffs
V/s.
Saldanha Realty and Infrastructure Pvt. Ltd. & ors. ... Defendants
WITH
CHAMBER SUMMONS NO.200 OF 2017
IN
COMMERCIAL SUIT NO.33 OF 2017
...
Mr.Atharva Sawant a/w. Ms.Soniya Putta i/b. Solomon and Company
for plaintiffs.
Mr.Victor A. Almeida for defendant nos.1 and 2 / Applicant in
CHSCD/200/2017.
Mr.M.Fernandes i/b. Vaish Associates for defendant no.3.
...
CORAM : K. R. SHRIRAM, J.
DATE : 28th NOVEMBER, 2018. P.C. :
1. Counsel appearing for defendant nos.1 and 2 seeks leave to file written statement. Counsel states that it is 138 days from the date of service of writ of summons and hence there is delay of about 18 days.
2. Counsel for plaintiffs submits that under the amended Order VII Rule I of Code of Civil Procedure, 1908, if defendants had to file written statement within 30 days, then they could be granted further time to file written statement which shall not be later than 120 days from the date of service of summons. Counsel for plaintiffs further vina k. 1/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:40 ::: sr.47.coms.33.2017.doc submitted on expiry of 120 days, defendants forfeit their right to file written statement and the Court shall not allow the written statement be taken on record.
3. Counsel for plaintiffs also submits that though the chamber summons is taken out to take written statement on record by defendant nos.1 and 2 which states delay of only 18 days, the written statement will be declared on 27th November, 2018 and, therefore, the delay will be about 280 days. Mr.Almeida for defendant nos.1 and 2 states that defendant nos.1 and 2 had good case on merits and prays that the written statement be taken on record and defendant nos.1 and 2 could be put to terms.
4. Mr.Sawant for plaintiffs on instructions states that plaintiffs will consent to taking written statement on record but substantial costs of atleast Rs.50,000/- on each defendants should be imposed. Mr.Almeida for defendant nos.1 and 2 has no objection to pay such costs.
5. Therefore, Registry is directed to take the written statement on record which Mr.Almeida states will be lodged during the course of today and copy served thereof upon plaintiffs today.
6. Defendant nos.1 and 2 to pay a sum of Rs.50,000/- each as costs to plaintiffs by way of cheque drawn in favour of Advocate for plaintiffs. This amount to be paid within one week from today, failing which, the vina k. 2/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:40 ::: sr.47.coms.33.2017.doc written statement will be struck of from the record.
7. In view of the above, chamber summons no.200 of 2017 is disposed.
8. Stand over to 5th December, 2018 for framing of issues.
(K. R. SHRIRAM, J.) vina k. 3/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:40 :::