Shashipal Shankar And 3 ORS. v. Shirin C. Vazifdar And 9 ORS.

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.1449 OF 2011 WITH NOTICE OF MOTION NO.1931 OF 2011 WITH NOTICE OF MOTION NO.3128 OF 2011 IN SUIT NO.1384 OF 2011 Shashipal Shankar and Ors.

....Plaintiffs V/s.

Shirin C. Vazifdar & Ors.

....Defendants ---- Mr. Nilesh Modi a/w. Mr. Ustav Ghosh i/b. Rustamji and Ginwala for the plaintiffs.

Ms. Bharti Bhansali i/b. FZB and Associates for the defendant nos.1 and 2.

Mr. Roop M. Vasudeo for the defendant no.7.

Mr. Mohan R.P. Rao for the defendant no.10 and for the applicant in NMS/3128/2011.

---- CORAM : K.R.SHRIRAM,J DATE : 9th JANUARY, 2017 P.C.:- Ms. Bhansali, counsel appearing for the defendant nos.1 and 2 states that they have recently been instructed in the matter and undertakes to file Vakalatnama within one week from today. Ms. Bhansali further states that some time be granted to enable them to take full and complete instructions in the matter.

2/3 Stand over to 6th February, 2017.

NOTICE OF MOTION NO.3128 OF 2011 This notice of motion is taken out by the defendant no.10 for condoning the delay of 10 days in filing the written statement. Mr. Rao, counsel for the applicant states that the written statement has already been declared on or about 7th October, 2011 and he shall file the same in the registry during the course of this week and also provide a copy thereof to the plaintiffs.

Have considered the affidavit in support. Mr. Modi, counsel for the plaintiffs states that though he has been served a copy of the notice of motion and affidavit in support only in court today, he has considered the affidavit in support and has no objection if the delay is condoned.

In view of the above, the delay is condoned. The notice of motion is allowed and accordingly disposed in terms of prayer clause - (a).

3/3 The registry to accept the written statement and take the same on record subject to remove all office objections. (K.R.SHRIRAM,J)