1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.754 OF 2006 NO.754 OF 2006 NO.754 OF 2006 IN IN IN SUMM.SUIT SUMM.SUIT SUMM.SUIT NO.602 NO.602 NO.602 OF 2003 OF 2003 OF 2003 Malti Malti Malti Hiralal Chavan Hiralal Chavan Hiralal Chavan ...... Plaintiff Plaintiff Plaintiff vs vs vs 1.1.1. Meena Meena Meena Raghunath Gaikwad & anr.. Raghunath Gaikwad & anr.. Raghunath Gaikwad & anr.. Defendants Defendants Defendants Mr. Mr. Mr. H.S.Shreepadmurthy H.S.Shreepadmurthy H.S.Shreepadmurthy for Defendant for Defendant for Defendant Mr.Rajiv Mr.Rajiv Mr.Rajiv Matkar for Applicant Matkar for Applicant Matkar for Applicant CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : : : 12th April, 2007 12th April, 2007 12th April, 2007 P.C. P.C. P.C. 1.1.1. Heard counsel for the parties. Although this Heard counsel for the parties. Although this Heard counsel for the parties. Although this Chamber Chamber Chamber Summons is opposed by the plaintiff, in my Summons is opposed by the plaintiff, in my Summons is opposed by the plaintiff, in my opinion, opinion, opinion, in in in the interest of justice Chamber Summons the interest of justice Chamber Summons the interest of justice Chamber Summons deserves deserves deserves to be allowed in terms of prayer clause to be allowed in terms of prayer clause to be allowed in terms of prayer clause (a) (a) (a) in as much as although this court has granted in as much as although this court has granted in as much as although this court has granted four four four weeks time to the defendants to file written weeks time to the defendants to file written weeks time to the defendants to file written statement statement statement in terms of order dated 23rd August, in terms of order dated 23rd August, in terms of order dated 23rd August, 2005. 2005. 2005. However, it is not in dispute that the suit However, it is not in dispute that the suit However, it is not in dispute that the suit was was was never placed for filing written statement never placed for filing written statement never placed for filing written statement thereafter. thereafter. thereafter. 2.2.2. In the circumstances, by way of indulgence, In the circumstances, by way of indulgence, In the circumstances, by way of indulgence, Chamber Chamber Chamber Summons Summons Summons is made absolute in terms of prayer is made absolute in terms of prayer is made absolute in terms of prayer clause clause clause (a) on condition that defendants shall file (a) on condition that defendants shall file (a) on condition that defendants shall file written written written statement by tomorrow in the registry which statement by tomorrow in the registry which statement by tomorrow in the registry which may may may be accepted by office and taken on record. be accepted by office and taken on record. be accepted by office and taken on record. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J) 2