Viswanathan Durgadethan v. Mallika Gupta

5-IA-2289-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2289 OF 2024 IN SUIT NO.280 OF 2023 VISWANATHAN DURGADETHAN )...APPLICANT V/s.

MALLIKA GUPTA )...RESPONDENT WITH INTERIM APPLICATION (L) NO.26396 OF 2024 IN INTERIM APPLICATION NO.2289 OF 2024 Mr. Mohan Birsingh a/w Mr. Rahul Jalan i/b MBS and Co., Advocates for the Applicant.

None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

27 NOVEMBER 2024 P.C. :

1.

Pursuant to order dated 9th October 2024, today when the matter Digitally signed by ARTI VILAS KHATATE Date:

2024.11.27 18:12:45 +0530 ARTI VILAS KHATATE is called out, Mr.Birsingh, learned Counsel, appears for the Applicant and submits that despite paragraph 17 of the said order granting liberty to the Defendant/Respondent to file a reply, neither Vakalatnama has been filed on behalf of the Defendant/ Respondent nor any reply has been filed till date and that this Court, therefore, make the Interim Application absolute in terms of prayer clause (b). avk 1/2

5-IA-2289-2024 2.

Having heard the learned Counsel and having considered the submissions, observing that no Vakalatnama has been filed nor any reply has been filed, this Court would have otherwise made the Interim Application absolute in terms of prayer clause (b), however, as and by way of last chance to the Defendant / Respondent to file reply, list on 18th December 2024.

3.

Let reply be filed within a period of two weeks with a copy to the other side. Rejoinder, in a week thereafter, with a copy to the other side.

4.

Registry is directed to serve a copy of this order as well as the order dated 9th October 2024 upon the Defendant/Respondent indicating to the Defendant/Respondent that if no reply is filed as directed, this Court would proceed to make the Interim Application absolute in terms of prayer clause (b).

(ABHAY AHUJA, J.) avk 2/2