Shehnaz A. Shaikh vs. Raghu M. Pujari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL (LODGING) NO. 560 OF 2012 IN NOTICE OF MOTION NO. 554 OF2012 IN SUIT NO. 2112 OF 2009

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Shehnaz Alamgir Shaikh ...Appellant vs Raghu M. Pujari ..Respondent

Mr. Samir A. Vaidya for the Appellant. None for the Respondent.

CORAM : DR.D.Y.CHANDRACHUD, AND S.C. GUPTE, JJ.

10 JULY 2013

P.C. :

On the delay being condoned, the Appeal has been taken on file and has been called out for hearing with the consent of the learned Counsel appearing on behalf of the Appellant.

2 The learned Single Judge has condoned the delay of 380 days in filing the written statement and has recalled an order of the Prothonotary and Senior Master listing the suit as an Undefended Suit. The written statement has been directed to be taken on the record subject to the payment of costs. The learned Single Judge has exercised the discretion vested in the court in a judicious manner and sufficient reasons have been furnished in paragraph 5 of the impugned order. We see no reason to interfere with the impugned order of the learned Single Judge.

3 Hence, the Appeal is dismissed. There shall be no order as costs.

(Dr. D.Y.Chandrachud, J.)

(S.C. Gupte, J.)