Urban Kshetra Infrastructure Pvt.Ltd. v. Neelkanth Mansions And Infrastructure Pvt.Ltd And 3 ORS.

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 5th February, 2018 FOR HEARING AND FINAL DISPOSAL (ORIGINAL SIDE MATTERS) : CHOL/803/2017 COMS/260/2016 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sapana Krishnappa I/b. Suresh Dubey, Advocate for Applicant/ Defendant No. 2.

Ms. Sonam Mhatre a/w. Tesjas Gokhale I/b. Dhaval Vussonji and Associates, Advocate for Respondents/Plaintiffs.

P.C. :

The present Chamber Order is taken out by Defendant No. 2 for setting aside Order dated 11.04.2017 by which Suit against Defendant No. 2 was transferred to the list of Undefended Suits for want of written statement.

Perused Affidavit in Support. Heard Ld.

Counsel for Applicant and Ld. Counsel for Respondents. On consideration of Affidavit in Support of Defendant No. 2, Defendant No. 2 was served with writ of summons on 14.01.2017. Counsel gave appearance on behalf of Defendant No.

2. Despite that, Defendant No. 2 failed to file written statement within stipulated period of time. Hence, Suit was transferred to the list of Undefended Suits on 11.04.2017.

Chamber Order is strongly opposed by Ld. Counsel for Plaintiffs on the ground that instant Suit is admittedly Commercial Suit and it is for Defendant to file written statement within period of thirty days. Therefore, it is prayed that present Chamber Order may be rejected since devoid of merits.

2 Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 05th February 2018 contd...

CHOL/803/2017 COMS/260/2016 ) ) ) ) ) Reasons mentioned in the Affidavit in Support for non-filing of written statement appear to be not sufficient.

Hence, Chamber Order stands rejected.

No order as to costs.

Date : 05.02.2018 Prothonotary & Senior Master