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Bombay High CourtNMS/1298/2014disposed off

Mrs. Loveleen Kaur Sangral And 2 ORS. v. Varinder Singh Risam

2017-11-22Hon'Ble Shri Justice B.P. Colabawalla2 pages

RNG 1/2 28-nm1298.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1298 OF 2014 in SUIT NO.448 OF 2013 Varinder Singh Risam .. Applicant/Defendant

IN THE MATTER BETWEEN

Lovelen Kaur Sangral & Ors .. Plaintiffs vs Varinder Singh Risam .. Defendant Ms.Sapna Rachure I.b M/s T.N.Tripathi & Co for Plaintiffs None for Defendant Coram : B.P.COLABAWALLA, J Date : 22nd NOVEMBER 2017 P.C.

1.

This Notice of motion has been filed seeking extension of time to file the written statement.

2.

When this matter appeared before this Court on 23.7.2013, the Defendant was directed to file its written statement on or before 5.12.2013. Though the Defendant was served in the month of July, 2013 the written statement was not filed by the

RNG 2/2 28-nm1298.14 Defendant by 5.12.2013. In these circumstances, by an order dated 29.1.2014 the Prothonotary and Senior Master of this Court transferred the Suit to the list of "Undefended Suits". It is only thereafter on 9.10.2013, the present motion has been filed seeking extension of time to file the written statement. There has already been a considerable delay in filing the written statement. 3.

Be that as it may, when this Notice of motion was called out for hearing today, none appeared on behalf of the Defendant. It appears that they are not interested in defending the present Suit. 4.

In this view of the matter, the Notice of motion is dismissed for want of prosecution.

(B.P.COLABAWALLA, J)