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Bombay High CourtNMS/764/2019disposed off

Madhu L. Swetta And 3 ORS v. Palshetkar And Co And 8 ORS.

2019-03-26Hon'Ble Shri Justice G.S. Patel2 pages

11-NMS764-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 764 OF 2019 IN SUIT NO. 27 OF 2013 Madhu L Swetta & Ors ...Plaintiffs

Versus

Palshetkar & Co & Ors ...Defendants Mr Pranesh J Gada, i/b Dhanuka & Partners, for the Applicants/ Defendants Nos. 1 to 8.

CORAM: G.S. PATEL, J DATED:

26th March 2019 PC:- 1.

The Notice of Motion by Defendants Nos. 1 to 8. They seek an order setting aside the directions of the Prothonotary and Senior Master made on 10th October 2017 transferring the suit to the list of undefended causes at least as against these Defendants. They are also seek leave to file their Written Statement. 2.

On the last occasion, I directed to these Defendants to have their Motion numbered. That has been done. The Applicants are also prepared their Written Statement and had it affirmed. It is notarized. The person who verified the Written Statement is present 26th March 2019

11-NMS764-19.DOC in Court. To leave no room for doubt, the Court Associate will have the Written Statement re-verified in Court immediately. 3.

The delay in filing the Written Statement is condoned. The order of 10th October 2017 is recalled and set aside. The Written Statement is to be filed in the Registry in the course of day. A copy is to be served on the Advocates for the Plaintiff. 4.

The Notice of Motion is disposed of in these terms. (G. S. PATEL, J) 26th March 2019