Mr. Bhooraram Choudhary And ORS. v. Mr Suresh Hiralal Tiwari

Dinesh Sherla 27-cwp-2211-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2211 OF 2018 Bhooraram Choudhary and anr.

.. Petitioners vs.

Suresh H. Tiwari .. Respondent Mr. A.B. Mishra I/b Mr. Inderjeet Yadav for the Petitioner. Mr. Ateef Mhambrey I/b Mr. M.S. Mhambrey for the Respondent.

CORAM : M. S. SONAK, J.

DATE : 29 MARCH 2019.

P.C. :- 1] After this matter was argued for some time, learned counsel for the parties agree that this petition may be disposed of with the following order:

(a) The impugned order dated 19th September 2017 , i.e., "No Written Statement Order" is hereby set aside, subject to payment of costs of Rs.50,000/- by the petitioners, which the petitioner No.1, who is present in the Court in person, has volunteered to pay within a period of four weeks from today to the respondentplaintiff; (b) Costs to be paid directly to the respondentplaintiff or if there is any difficulty, the costs to be deposited before the learned Trial Court. If the costs are 1/2

Dinesh Sherla 27-cwp-2211-18 deposited, the respondent-plaintiff will have liberty to withdraw the same unconditionally;

(c) No sooner costs are paid/deposited, the petitioners will have liberty to file a written statement within one week from the date of deposit of costs; (d) The learned Trial Court is directed to dispose of the suit as expeditiously as possible and in any case by 31st March 2020;

(e) Both parties agree that they will cooperate with the learned Trial Judge for disposal of the suit which is instituted under section 6 of the Specific Relief Act, 1963;

(f) This petition is disposed of in the aforesaid terms; (g) All concerned to act upon an authenticated copy of this order.

(M. S. SONAK, J.) 2/2