Mpa Distributors, Rep. By Its Sole Prop., Babu P. Gopal v. Spirit De Goa, Rep. By Its Sole Prop., Mariano Sequeira

19 WP 359 OF 2021.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 359 OF 2021 MPA DISTRIBUTORS, REP. BY ITS SOLE PROP., BABU P. GOPAL ...PETITIONER VS SPIRIT DE GOA, REP. BY ITS SOLE PROP., MARIANO SEQUEIRA ...RESPONDENT Mr. Ravi Gawas, Advocate for the Petitioner.

Mr. Jatin Ramaiya, Advocate for the Respondent.

CORAM:

A.K. MENON, J.

th MARCH 2022.

DATED:

P.C.:

1.

By this Petition, the petitioner/original defendant seeks to assail an order dated 05.03.2020, passed by the Principal District Judge, Margao in Special Civil Suit No. 22/2019, which is transferred to Additional Civil Judge Senior Division at Margao and now registered as Commercial Suit No. 25/2020/I. 2.

On behalf of the respondent, the learned Counsel stated that he has instructions to consent for taking the written statement on 29th March 2022

19 WP 359 OF 2021.ODT file, however, he submits that some order on costs may be passed. It appears that the written statement is already on the file of the Court, however, it is yet to be formally treated as filed. 3.

In these circumstances, the petitioner is permitted to file written statement subject to the petitioner paying costs of 20,000/- to the respondent, within four weeks from today. The ₹ payment of costs shall be a condition precedent. On payment of such costs, the Trial Court shall treat the written statement as filed. Needless to mention, if the petitioner fails to pay the said amount of costs within the stipulated period of time, the order passed today by this Court shall stand recalled without further reference to Court and the Writ Petition shall stand dismissed. 4.

The Petition is disposed in the above terms.

A.K. MENON, J.

VAIGANKAR ESHA SAINATH SAINATH Date: 2022.03.29 18:51:06 +05'30'

29th March 2022