Shri. Purushottam Nasik Deshmukh And ORS. v. Bochasanwasi Shri Akshapurushottam Swaminarayan Sanstha Through Its Authorised Signatory

1 33.4159.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4159 OF 2019 Shri. Purushottam Nasik Deshmukh .....Petitioners and others V/s.

Bochasanwasi Shri Akshapurushottam .....Respondent Swaminarayan Sanstha Mr. Raju D. Suryawanshi for the Petitioners Mr. Harjit Singh Anand i/b Legal Chartered for respondent CORAM :

NITIN W. SAMBRE, J.

DATE :

OCTOBER 7, 2019.

P.C.

Impugned in the petition is, order dated 20/10/2018 passed below Exhibit 63, an application moved by the petitioner-defendant for setting aside 'No W.S.' order and for condoning the delay caused in submitting written statement.

Perused the cause cited.

2 33.4159.19 wp.doc Petitioner has already moved a pursis in the Civil Suit that his reply to Exhibit 5 be treated as written statement. Learned counsel for the petitioner submits that apart from said pleadings, petitioner-defendant will not raise any additional pleadings.

Since the statement is made on instructions, same is accepted as an undertaking. As such, order impugned dated 20/10/2018 is hereby quashed and set aside subject to payment of cost of Rs. 25,000/- to be deposited in the Civil Court within period of 4 weeks from today to which respondent-plaintiff will be entitled to withdraw. As a consequence of above, application Exhibit 63 in Spl. C.S. No. 349 of 2016 stands allowed. Petition stands disposed of. [NITIN W. SAMBRE, J.]