Bombay High Court
Mac Impex vs Benin Negoce Et Commerce International ... on 3 February, 2020
Author: A.K. Menon
Bench: A.K. Menon
44. IA 1-19 in COMS 853-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1 OF 2020
IN
COMMERCIAL SUIT NO. 853 OF 2018
M/s. Benin Negoce ET Commerce
International (BNCI) and Ors. .. Applicants.
In the matter between
MAC Impex .. Plaintiff
Vs.
M/s. Benin Negoce ET Commerce and Ors. .. Defendants
Mr. Bhupesh Dhumatkar i/b Alisha Pinto for the plaintiff.
Mr. Prashant Kulkarni for defendant Nos.1 to 3.
Ms. S. Soman for defendant No.5.
CORAM : A.K. MENON, J.
DATED : 3rd FEBRUARY, 2020. P.C. :
Not on board. Taken on board.
1. The suit is called for directions today.
2. On behalf of defendant No.3, Learned Counsel submits that he has filed interim application for condonation of delay of 88 days in filing the written statement on behalf of defendant No.3. It is not in dispute that writ of summons has been served on defendant No.3 on 27 th September, 2019. By that reckoning, the time for filing written Wakodikar 1/2 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 07/06/2020 08:13:29 :::
44. IA 1-19 in COMS 853-18.odt statement expired on 24th January, 2020. This application has been affirmed on that very day. The Learned Counsel for the applicant submits that since it was filed on the very day i.e. 120 th day, this delay may be condoned. Prima facie as on date defendant no.3's application appears beyond the stipulated period of 120 days as permissible in law.
3. On behalf of defendant Nos.1 and 2, the Learned Advocate waives service of writ of summons. Hence, their written statement shall accordingly be filed within 30 days from today.
4. Interim application is disposed of in the above terms.
5. Office to accept written statement of defendant Nos.1 and 2 only.
(A.K.MENON, J.) Wakodikar 2/2 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 07/06/2020 08:13:29 :::