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Bombay High CourtWP/3896/2023disposed off

Santosh Dnyanoba Taware And ORS v. Rajendra Dagdu Vable

2024-04-10Hon'Ble Justice Kamal Khata2 pages

32-ASWP-3896-2023.DOC Ganesh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3896 OF 2023 Santosh Dnyanoba Taware & Ors

...Petitioners

Versus

Rajendra Dagdu Vable

...Respondent

Mr Sushant S Prabhune, for the Petitioners (VC). Mr Prasad Avhad, i/b Chetan Nagare, for the Respondent.

CORAM

Kamal Khata, J.

DATED:

10th April 2024 PC:- 1.

The Petition challenges the order disallowing the written statement that was permitted to be filed subject to payment of costs in the sum of ₹ 1,000/-. The Petitioners are willing to pay the cost of Rs.15,000/- to the Respondent. That shall be paid to the Respondent on or before 15th April 2024. The Respondent has no objection to permit filing of the written statement if costs are paid. 2.

Heard the Petitioner's Advocate and perused the reasons stated in the Petition. I am inclined to pass the following order: i. The Petition is made absolute in terms of prayer clause (a); 10th April 2024

32-ASWP-3896-2023.DOC ii. The written statement shall be filed and served on or before 15th April 2024;

iii. Failure to file and serve the written statement or failure to pay the cost to the Respondent by 15th April 2024, shall revive the impugned order dated 20th February 2023 without further reference to this Court.

3.

In the event, the written statement is filed and served and the costs paid to the Respondent, the trial Court may hear the Suit as expeditiously as possible. The stay on the Suit is accordingly removed.

4.

The Respondent shall furnish the bank account details to the Petitioner by the end of the day tomorrow. The Petitioner shall deposit the cost of Rs. 15,000/- through NEFT/or any online mode in the bank account of the Respondent and communicate the same to the Respondent by email/sms. The Petitioner's Advocate shall Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.04.10 19:26:18 +0530 communicate to the Registry about the compliance of the order. GANESH SUBHASH LOKHANDE 5.

Petition is disposed of in the above terms.

(Kamal Khata, J) 10th April 2024