Subhash N. Kapoor v. Rajinder N. Kapoor And 2 ORS.

Nitin 1 / 2 MNOB-NMSL-1697-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURSIDICTION NOTICE OF MOTION (L) NO. 1697 OF 2015 IN SUIT NO. 1088 OF 2011 Shri Anil N. Kapoor & Anr.

...

Applicants / Def. Nos. 2 & 3

IN THE MATTER BETWEEN :

Shri Subhash N. Kapoor ...

Plaintiff

Versus

Shri Rajindar N. Kapoor ...

Defendants Ms. Archana Khan for the Applicants / Defendant Nos. 2 and 3. Mr. B.H. Mehta for the Plaintiff.

CORAM : S.J. KATHAWALLA, J.

DATED : 6 TH JULY, 2015 P.C.:

1.

Mentioned. Not on board. Taken on board.

2.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

i.

Delay of 1035 days in taking out this Notice of Motion is condoned. ii.

The order dated 30th July, 2012 transferring the Suit against Defendant Nos. 2 and 3 to the list of undefended Suits is set aside. iii.

The Defendant Nos. 2 and 3 are allowed to file their Written Statements on or before 10th July, 2015.

Nitin 2 / 2 MNOB-NMSL-1697-2015 iv.

The undertaking given by the Advocate for Defendant Nos. 2 and 3 that Defendant Nos. 2 and 3 shall pay Rs.1 Lac towards cost to the Plaintiff on or before 31st July, 2015 is accepted. v.

The above Notice of Motion is accordingly disposed of. vi.

Place the Suit on 20th July, 2015 for framing of issues. (S.J. KATHAWALLA, J.)