Surendra Kumar Gupta v. Harivallabh P. Mundhara

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 5th August, 2024 FOR DIRECTIONS :

7.

S/32/2024 with connected matters ) ) ) ) ) ) Ms. Pooja Harit i/b. M/s. Manoj Harit & Co., Advocate for Plaintiff Ms. Shruti Kulkarni i/b. M/s. Dhaval Vassonji & Associates, Advocate for Defendant Nos. 1 and 2 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Perused Affidavit of Service dated 30.03.2024 filed on 10.05.2024. The remark on the said Affidavit of Service shows that Defendant Nos. 1 and 2 have duly been served with Writ of Summons alongwith true copy of Plaint on 08.02.2024. Despite service, these Defendants failed to file Written Statements within stipulated time.

At this stage, Ld. Advocate appearing for Defendant Nos. 1 and 2 submits that they are in receipt of documents recently and hence, further time may be granted to file Written Statement.

However, the time to file Written Statement as per provisions of Order VIII Rule 1 of CPC, i.e. within 90 days from the date of service of Writ of Summons, is already lapsed. Hence, Suit against Defendant Nos. 1 and 2 is transferred to the list of Undefended Suits.

Remove from board.

Date : 05.08.2024 Prothonotary & Senior Master