Nikhil Lombar v. Vadivanhe Speciality Chemicals Ltd. (Vscl)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.187 OF 2021 IN SUIT NO.1359 OF 2018 Nikhil Lombar .. Applicant-Org. Defendant In the matter between Vadivarhe Speciality Chemicals Ltd.

.. Plaintiff Vs.

Nikhil Lombar .. Defendant Ms. Shubha M. Dandekar for the Applicant-Original Defendant. None for the Respondent-Original Plaintiff.

CORAM : A. K. MENON, J.

ND MARCH 2021.

DATED : 2 P.C. :

1.

This IA is taken out by the applicant-original defendant seeking leave to file written statement in the suit. Vide order dated 22 nd August 2019, defendant was granted time to file written statement by 13 th November 2019.

That was not done. The written statement was thereafter affirmed and declared on 22 nd December 2020. The IA sets out that the written statement was handed over to the Advocate's clerk and thereafter the matter was not pursued for the reasons set out in the application. Since there was delay, the written statement was not accepted by the office and in the meantime, the normal functioning of the court being halted due to the pandemic driven lockdown, the IA could not be filed.

1/2 20-IA-187-2021.doc Dixit

2.

Ms. Dandekar submits that IA is filed on 5 th January 2021 and has now been circulated. She submits that the IA has been duly served on the Advocate for the plaintiff. She has tendered an acknowledgment, which records that the Advocate for the plaintiff has been served on 25 th January 2021. The name of the plaintiff's Advocate appears on board, but none appears for the plaintiff. Subject to filing affidavit-of-service in the registry within one week from today, I am of the view that the IA is liable to be allowed. In the circumstances, I pass the following order :- (i) IA is allowed in terms of prayer clauses (b) and (c). The order dated 22 nd August 2019 is set aside.

(ii) Affidavit-of-service of the IA to be filed in the registry on or before 6 th March 2021 along with the written statement. Office to accept written statement only if the affidavit-of-service is filed.

(iii) IA is disposed in the above terms.

(iv) Suit shall be listed for framing issues on 8 th April 2021.

(A. K. MENON, J.) 2/2 20-IA-187-2021.doc Dixit Sneha A. Dixit by Sneha A. Dixit Date: 2021.03.03 16:27:47 +0530