Viswanathan Durgadethan v. Mallika Gupta

+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 Bir Singh i/b MBS & Co., Advocate for the Applicant/Plaintiff.

Mr. Shashanka Bajpai (through VC) and Ms.Aashna Mehra a/w Mr.Ankit Tiwari i/b V.B. Tiwari & Co., Advocate for the Respondent/Defendant.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th FEBRUARY, 2025 P.C. :

1.

Pursuant to the earlier orders of this Court, today when the matter is called out, Mr. Bajpai, learned Counsel appears for the Defendant and submits that pursuant to the order dated 18th December, 2024, the Respondent/Defendant had moved the Hon'ble Supreme Court of India seeking the transfer of the proceedings and that the said Petition was dismissed by order dated 20th December, 2024 by the Digitally signed by NIKITA YOGESH GADGIL Date:

2025.02.12 19:03:41 +0530 Hon'ble Supreme Court, however, the Petitioner was permitted to NIKITA YOGESH GADGIL 1/3

attend the proceedings virtually, unless her presence is inevitable and required by this Court.

2.

Mr. Bajpai submits that one week's time be granted to comply with the order dated 18th December, 2024.

3.

Mr. Bir, learned Counsel appearing for the Applicant has no objection if one week's time is granted to comply with the orders of this Court, considering the fact that the Transfer Petition filed by the Respondent / Defendant has been dismissed by the Hon'ble Supreme Court.

4.

Accordingly, let order dated 18th December, 2024, be complied with by the Respondent / Defendant within a period of one week, subject to payment of costs as awarded to the Plaintiff/Applicant earlier.

5.

Subject to the above, let reply to the Interim Application be filed within a period of two weeks with copy to other side. Rejoinder in a week thereafter with copy to other side.

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6.

It is once again made clear that if the costs are not paid as above and the reply is not filed thereafter as above, the Interim Application No. 2289 of 2024 be made absolute in terms of prayer Clause (b) without further reference to the Court.

7.

List on 12th March, 2025.

(ABHAY AHUJA, J.) 3/3