Mr. Swatantra Kumar Gupta vs Mr. Animesh Gupta on 19 December, 2022

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Madhya Pradesh High Court

Mr. Swatantra Kumar Gupta vs Mr. Animesh Gupta on 19 December, 2022

Bench: Dwarka Dhish Bansal

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 19 th OF DECEMBER, 2022
                                             MISC. PETITION No. 6068 of 2022

                           BETWEEN:-
                           1.    MR. SWATANTRA KUMAR GUPTA S/O LATE MR.
                                 RAM PRAKASH GUPTA, AGED ABOUT 62 YEARS,
                                 R/O 19 PRAKASH BHAWAN, T.T. NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           2.    MRS. SHIKHA AGRAWAL S/O MR. ABHISHEK
                                 AGRAWAL, AGED ABOUT 37 YEARS, R/O 19
                                 PRAKASH BHAWAN, T.T. NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    MRS. SWATI ACHARYA S/O MR. TAMAY
                                 ACHARYA, AGED ABOUT 37 YEARS, R/O 19
                                 PRAKASH BHAWAN, T.T. NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           4.    MRS. SHARDA JAIN W/O MR. D.K. JAIN R/O 114A
                                 VIVEK NAGAR DELHI (DELHI)

                                                                                     .....PETITIONERS
                           (BY SHRI QASIM ALI-ADVOCATE )

                           AND
                           MR. ANIMESH GUPTA S/O SWATANTRA KUMAR GUPTA,
                           AGED ABOUT 79 YEARS, OCCUPATION: THROUGH
                           POWER OF ATTORNEY HOLDER MR. JAINARAYAN
                           GUPTA S/O LATE MR. SHRIKRISHNA DAS JI R/O GRIFIT
                           ROAD, VIRGINIA (USA) 22043 PERMANENT ADDRESS 19,
                           PRAKASH BHAWAN T.T. NAGAR BHOPAL (MADHYA
                           PRADESH)

                                                                                    .....RESPONDENT


                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 12/20/2022
10:30:56 AM
                                                               2
                                                               ORDER

This petition has been preferred by the defendants challenging the order dated 20.09.2022 passed by XV District Judge, Bhopal in civil suit no.RCSA841/2019 whereby at the stage of pendency of application under Order 39 Rule 1&2 CPC right of written statement of petitioners has been closed.

Learned counsel for the petitioners submits that they are ready with the written statement and they undertake to file the same on the next date i.e. 09.01.2023, along with the application for taking the same on record explaining the delay.

If such an application is filed by the petitioners/defendants along with the written statement, then the learned trial court is directed to decide the same in the light of decision of Supreme Court in the case of RE:Cognizance for Extension of Limitation Misc. Application No.665/2021 in suo motu Writ Petition (c)No.3 of 2020 order dated 10 January, 2022 and the decision in the case of Prakash Corporates vs. Dee Vee Projects Ltd. (2022) 5 SCC 112 certainly without being influenced by the impugned order.

With the aforesaid observation, this misc. petition is disposed off. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss Signature Not Verified Signed by: SWETA SAHU Signing time: 12/20/2022 10:30:56 AM

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