Shatru Tamanna Kunchnikorve v. Bakkiyanathan N. Nadar And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3366 OF 2019 Shatru Tamanna Kunchnikorve ... Petitioner Vs.

Bakkiyanathan N. Nadar & Anr.

... Respondents .....

Mr. Ramesh D. Kamble for the Petitioner.

Mr. Sanjay S. Kharat a/w P.M. Havnur for the Respondent No.1. Mr. C.D. Mali, AGP for State/Respondent No.2 .....

CORAM

: M. S. KARNIK, J.

DATE : 4th SEPTEMBER, 2019.

P. C.:

1.

Heard learned counsel for the petitioner.

2.

The petitioner is the original defendant has challenged the order dated 31.1.2019 passed by the City Civil Court, Mumbai granting conditional leave to defend the suit on depositing amount of Rs.32,50,000/- in the Court within four weeks. After the matter was argued for sometime learned counsel for the petitioner on instructions submits that he is willing to deposit a sum of Rs.5,00,000/- within a period of two weeks from today and further sum of Rs.20,00,000/- within a period of four months thereafter.

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Learned counsel for the respondent fairly states that if the petitioner deposits this amount of Rs.25,00,000/- he would have no objection if conditional leave to defend is granted to the defendant on payment of Rs.25,00,000/- within this period. 4.

The petitioner who is present in the Court has filed the undertaking. Learned counsel for the petitioner states that he has explained to the petitioner the contents of the undertaking in Marathi also. The undertaking is taken on record and marked as exhibit 'X-1' for identification. The undertaking is accepted. Subject to the petitioner depositing a sum of Rs.25,00,000/- within a period stipulated in the undertaking dated 4.9.2019, the conditional leave to defend the suit is granted. The order passed by the Trial Court stands modified. Upon deposit of the amount in terms of the undertaking the Trial Court to pass further orders regarding filing of the written statement.

5.

Needless to mention that if the written statement is filed, the plaintiff will always at a liberty to file additional affidavit of evidence and even the Trial Court is free to pass appropriate orders on a request made by the plaintiff.

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The petition is disposed of in the above terms with no order as to costs.

( M. S. KARNIK, J. )