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N/M No.1092/09

Suit No.1089/09

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION 1092 OF 2009 IN S.C. SUIT NO.1089 OF 2009 Shreepati Arcade AnnexeII Co-op. Housing Society Limited Ground Floor, Shreepati Arcade, AnnexeII, August Kranti Marg, Nana Chowk, Bombay 400 036. V/s. 1. Rajendra Rameshchandra Chaturvedi 2. Mahendrakumar Nathalal Purohit 3. Kaushal Mahendrakumar Purohit 4. Kunal Mahendrakumar Purohit All residing at: 401/501, Shreepati Arcade, August Kranti Marg, Nana Chowk, Bombay 400 036. ] ] ] ] ] ] ] ] ] ] ] ]

Plaintiff.

Defendants.

Mr.A.A. Malgaonkar, Advocate for the Plaintiff. Mr. Manoj Shukla, Advocate for the Defendant No.1. Mr. A.R. Pande, Advocate for the Defendants No.2 to 4. CORAM: HIS HONOUR JUDGE SHRI M.R. DESHPANDE (Court Room No.22) DATE: 4th August, 2009.

ORAL ORDER 1. Notice The defendants No.2 to 4 have taken out this of Motion for setting aside the exparte It is

order dt. 19.06.2009 passed against them.

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N/M No.1092/09

Suit No.1089/09

the contention of these defendants that defendant No.1 and defendants No.2 to 4 have jointly

constructed the building in question which is the subject matter of the present Suit and it is also contended that the defendants No.1 to 4 are jointly developing the said suit property. Defendant No.1

has already placed on record his written statement. It is also averred that defendants No.2 to 4 were under impression that defendant No.1 was

representing all the defendants and, therefore, the defendants No.2 to 4 did not appear in the Suit and filed their written statement.

2.

It is further case of these defendants that

the defendant No.1 informed defendants No.2 to 4 that the said Suit has been posted on 28.07.2009 for issues and defendants No.2 to 4 should also file their written statement. As the defendants

No.2 to 4 remained under the impression that they were duly represented by defendant No.1, the

defendants No.2 to 4 in such state of circumstances did not file their appearance in the court. It is

lastly prayed that the defendants be permitted to

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N/M No.1092/09 file their appearance

3 and

Suit No.1089/09 written statement by

setting aside the exparte order.

3.

The

Motion

came

to

be

opposed

by

the

plaintiff on the ground that no sufficient cause has been made aside by out the by defendants order. heavy to 4 No.2 It costs for the to is 4 for also be

setting

exparte that No.2

contended imposed

plaintiff

may

on

defendants

delay

caused in the appearance.

4.

It

appears

that

the

writ

of

summons

was The

served on defendants No.2 to 4 on 9.06.2009.

contention of the defendants No.2 to 4 that they were under impression of being represented by

defendant No.1 though prima facie does not appear to be satisfactory, yet in my opinion a reasonable opportunity is necessary to the defendants to make out their case. The delay caused in the appearance

can be adequately compensated by imposing cost on the defendants. Hence, I pass the following order:

O R D E R
Notice of Motion filed by defendants No.2 to 4

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N/M No.1092/09

Suit No.1089/09

is made absolute in the following terms: i) The exparte order dt. 19.06.2009 passed

against defendants No.2 to 4 stands set aside, subject to payment of costs of Rs.1,000/- to be paid to the plaintiff. ii) The defendants No.2 to 4 shall file

their written statement positively on or before 21.08.2009. The Notice of accordingly. Motion stands disposed off

Date: 4/08/2009

(M.R. Deshpande) Judge, City Civil Court, Gr. Bombay. 4/08/2009 4/08/2009

Order Dictated on : Transcribed on : Signed on : Delivered to C.C.S. on :

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