Bombay High CourtS/285/2024disposed off

Jagdishprasad Dwarkaprasad Shukla Huf Through Its Karta And Manger v. Jaywanti Anant Patil And 4 ORS

2025-09-03Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 03rd September, 2025 FOR DIRECTION :

S/285/2024 with connected matter ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Hardik Toshniwal i/b. MLS Vani and Associates, Advocate for the plaintiff.

Mr. Pratik Shah, Advocate for defendant nos. 1 to 3.

Mr. Darpan Jain, Advocate for defendant no. 4. Mr. Sandeep Nirban, Advocate for defendant no. 5.

P.C.:

Despite specific order on earlier occasion, thes applicant in Interim Application (L) No. 16675/2025 failed to comply office objections. Ld. Advocate for the applicant seeks further time. Time is granted to the applicant to remove office objections of aforesaid Interim Application and get the same registered and/or numbered within two weeks subject to payment of cost of Rs. 5,000/- to The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE : BKID0000001 within three working days, failing Application to stand rejected for non-removal of office objections under O.S. Rule 986.

As per Affidavit of Service dated 02.08.2025, filed on 26.08.2025, defendant nos. 1 to 3 were served with Writ of Summons on 12.12.2024 and defendant no. 4 has unclaimed service. Defendant nos. 1 to 3 failed to written statement within statutory period. Hence, Suit against defendant nos. 1 to 3 is transferred to the list of Undefended Suits.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 03rd September, 2025 contd....

S/285/2024 with connected matter ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Today, Ld. Advocate for defendant no. 4 made a statement that his reply to Interim Application be considered as Written Statement.

As per Order dated 03.02.2025, defendant no.

4 was represented by Advocate namely Darpan Jain. As per Affidavit of Service, date of service upon defendant no. 4 is 16.12.2024.

Hence, it appears that defendant no. 4 failed to file written statement within statutory period. Hence, suit against defendant no. 4 is transferred to the list of Undefended Suits.

Remove from board.

The applicant in Interim Application (L) No.

23273/2025 to remove office objections of Interim Application and get the same registered and/or numbered within two weeks from today, failing Application to stand rejected for non-removal of office objections under O.S. Rule 986.

Date : 03.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.09.04 12:16:02 +0530 RAJEEV VIJAY ACHARYA