Ravi Nair v. Maharashtra Houssing And Area Development Authrity

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3150 OF 2009 IN SUIT NO.3417 OF 2007 Ravi Nair ... Plaintif V/s.

Maharashtra Housing and Area Development Authority & Ors.

... Defendants Mr.S.Joseph i/b UNI Lex for Plaintif.

Mr.Roop M. Vasudeo a/w Mr.Nilesh Parmar for Applicant in CHSL/916/2015.

Ms.Apurva Murlidhar i/b P.G.Lad, AGP for State-Defendant No.1. Ms.N.Kotwal i/b MDP & Partners for Defendant No.2. CORAM : K.R. SHRIRAM, J.

DATE : SEPTEMBER 28, 2015 P.C.

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This Notice of Motion is taken out on behalf of the Defendant No.1 to recall the order dated 28th July, 2009 passed by the Prothonotary and Senior Master, High Court, Bombay directing the suit as against the Defendant No.1 be transfered to the list of undefended suits. In the afÏdavit in support, the Applicant has explained the reason why written statement could not be filed and why nobody remained present on 28th July, 2009. The learned counsel further states that draft of the written 1/3

statement is ready and the same will be declared and filed in the Registry within one week from today. The learned counsel for the Plaintif strongly opposes and states that this is nothing but an attempt to drag the matter.

2.

I have considered the afÏdavit in support and also heard the learned counsel appearing for the Applicant as well as the counsel for the Plaintif. Though in the order dated 28th July, 2009 the suit was directed to be listed undefended suit, it has not been so listed as on date. Therefore, I do not see any prejudice being caused to the Plaintif if one last opportunity is given to the Defendant No.1 which is the Maharashtra Housing and Area Development Authority, a body constituted under the Maharashtra Housing and Area Development Act, 1976. In the circumstances Notice of Motion is allowed in terms of prayer clause (a). The Defendant No.1 has to ensure that the written statement is declared and filed in the Registry and copy given to the Plaintif not later than 6th October, 2015. It is made clear that no further time will be granted to the Defendant No.1. 3.

The Notice of Motion accordingly stands disposed. (K.R. SHRIRAM, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.

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