Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103551/2019
1.Shri. Satish Karsandas Chothani 2.Sau. Arunaben Jitendra Katira 3.Sau. Asha Bharat
Somaiya Vs 1.Dineshbhai Tuljashankar Trivedi 2.Jaysukhbhai Tuljashankar Trivedi
3.Yogesh Kiritbhai Trivedi
Date : 21-01-2023
Business : None present for plaintiffs.
Adv.Ms.Pamela Dalal for defendant present.
Heard.
ORDER IN NM 3551/2019
Read the affidavit in support of motion. Order of no written
statement against defendant No.1 to 5 has been passed on
19.12.2017. This motion is taken out by the defendants for
setting aside said order. The plaintiff has not filed reply to this
motion. Considering the reasons stated in the affidavit in
support of the motion, I am of the view to allow the motion
with following order.
ORDER
1. Notice of Motion No.3551/2019 is allowed subject to costs of
Rs.3,000/- (Rupees Three Thousand Only).
2. Order dated 19.12.2017 directing the suit to proceed without
written statement of defendant Nos.1 to 5 is set aside.
3. Delay in filing written statement is condoned.
4. Written statement filed by defendant Nos.1 to 5 be taken on
record subject to compliance of order.
5. Costs shall be paid to the plaintiffs on or before next date.
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