Vikas Khandelwal v. Kamla Yadav And Another

14.IA.3204.22 in COMS.178.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3204 OF 2022 IN COMMERCIAL SUIT NO. 178 OF 2019 Vikas Khandelwal ...

Applicant/Orig. Defendant No.1 In the matter between Kamla Yadav & Anr.

...

Plaintiffs

Versus

Vikas Khandelwal& Ors.

...

Defendants Mr. Kayval P. Shah for the Plaintiffs.

Mr. D.R. Singh, Mr. Shailesh Rav for Defendant Nos.1 and 2. Ms. R.V. Rane, 2nd Asstt. to C.R. present.

CORAM : R.I. CHAGLA, J.

DATED : 18th JULY, 2022.

ORDER :

Heard the learned Counsel for the parties.

By this Interim Application, the Applicant is seeking condonation of delay of 110 days in filing of the written statement. Waghmare 1/2

14.IA.3204.22 in COMS.178.19.doc It is stated that due to inadvertence, the Defendants could not file the written statement within a period of thirty days from the service of writ of summons which has been served on 10.03.2022. The learned Counsel for the Plaintiffs submits to the orders of this Court.

In view thereof, taking a liberal view in the matter, the relief sought for in the Interim Application is required to be granted. Hence, the following order :

i) The delay of 110 days in filing of written statement is condoned.

ii) The Registry shall accept the written statement filed by the Defendants.

iii) Interim Application is disposed of in the above terms. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.07.21 14:27:34 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2