D. N. Nagar Deep Co-Operative Housing ... vs Shree Shubh Enterprises And 3 Ors on 20 February, 2019

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Bombay High Court

D. N. Nagar Deep Co-Operative Housing ... vs Shree Shubh Enterprises And 3 Ors on 20 February, 2019

Bench: B. P. Colabawalla

                                                                     (47) nms-3037.18.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   ORDINARY ORIGINAL CIVIL JURISDICTION

                      NOTICE OF MOTION (L) NO.3037 OF 2018
                                       IN
                               SUIT NO.98 OF 2013

Uday Suresh Surve                              : Applicant/Defendant No.3.

In the matter between

D. N. Nagar "DEEP" Co-operative
Housing Society Ltd.                           : Plaintiff
      versus
M/s. Shree Shubha Enterprises & ors.           : Defendants.

Mr. Niranjan Pandit a/w Ms. Padmashri K for Applicant/Defendant
Nos.1 & 3.
Mr. Prashant Surve for the Plaintiff.

                                  CORAM : B. P. COLABAWALLA, J.

DATED :- 20th February, 2019.

P.C. :

1 This Notice of Motion is listed at Sr.No.47 on today's board.

By consent of the parties taken for hearing out of turn. 2 This Notice of Motion has been filed on behalf of the Defendant No.3 seeking condonation of delay of 469 days in amending the Written Statement which was allowed pursuant to the order dated 28th July 2017 passed in Chamber Summons No.1139 of 2015.




3               The explanation given for the delay of 469 days is that the


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                                                                   (47) nms-3037.18.doc

Written Statement could not be signed by Defendant No.3 as he was in judicial custody.

4 Considering these peculiar circumstances, I find that the explanation given for the condonation of delay of 469 days is satisfactory. However, considering the length of delay, it would be in the fitness of things that if Defendant No.3 is directed to pay costs of Rs.10,000/- to the National Association of Blind, Worli, Mumbai within a period of two weeks from today. Once the costs are paid, a receipt of payment of costs shall be filed on the record of this Court. Needless to clarify that if the costs are not paid within the aforesaid period, this Notice of Motion shall stand dismissed without further reference to the Court.

5 The Notice of Motion is disposed of in the aforesaid terms.




                                        (B.P. COLABAWALLA, J.)




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