Shree Kaviraj Infratech Pvt. Ltd. And ANR v. M.E Project Pvt Ltd And 3 ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 677 OF 2015 IN SUIT No. 71 OF 2014 WITH NOTICE OF MOTION (L) No. 2451 OF 2015 Shree Kaviraj Infratech Pvt. Ltd. & Ors.

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Appellants / Applicants Vs.

M. E. Project Pvt. Ltd.

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Respondents *** Ms. Aparna Shinde, for the Appellants/ Applicants. Mr. Pradip Thorat, for Respondent Nos. 1 and 2. Mr. P. S. Hingorani, for Respondent No. 4.

*** CORAM : V. M. KANADE, & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : SEPTEMBER 14, 2015 PC.

1.

The Appellants have challenged the order of the learned Single Judge, not permitting them to file written-statement, on account of delay of 9 months.

2.

Learned counsel appearing on behalf of the Appellants (Original Defendant Nos. 1 & 3) submitted that written-statement & the counter-claim is ready. In our view, in the interest of justice it 1 / 3

would be appropriate if the delay caused in filing the written-statement and the counter-claim is condoned. However, while exercising inherent jurisdiction, we direct the Appellants to pay costs, which are quantified at Rs. 1,50,000/-, to be paid within a period of two weeks. Said costs be paid to the counsel appearing on behalf of the plaintiffs in the suit. If the said costs are not paid, the order passed in the appeal will be set aside and the impugned order passed by the learned Single Judge in the suit will be confirmed. The written-statement and the counter-claim to be taken on record within one week after the payment of costs. Appeal is disposed of in the aforesaid terms. 3.

In view of disposal of the appeal, Notice of Motion No. 2451 of 2015 taken out therein does not survive, and is accordingly disposed of.

Sd/- Sd/- [Dr. SHALINI PHANSALKAR-JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 3

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

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