NILESH SURESH KENE AND ORS vs ASHOK DURGA PILLAY AND ORS

Judgment text excerpt

WP.15949.2023.doc Amberkar/Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15949 OF 2023 Nilesh Suresh Kene & Ors. Petitioners (Orig. Defendant Nos. 1 .. to 4) Versus Ashok Durga Pillay & Ors. .. Respondents ....................  Mr. Vijay Killedar, Advocate, for Petitioners  Mr. Dnyaneshwar Deshmukh for Respondent Nos. 1 & 2a to 2c  Mr. Deepak C. Natu a/w Ms. Gayatri K. Soni i/by M/s. N. Deepak & Co. for Respondent Nos. 5 & 6, Power of Attorney Holder of Respondent Nos. 7 to 13  Mr. Akshay Pai, Amicus Curiae ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025 JUDGMENT 1. Heard learned Advocates appearing for the parties. 2. Writ Petition is filed by Petitioners who are Original Defendant Nos. 1 to 4 challenging the impugned common Order dated 13.01.2023, passed below Exhibit "72" and "88A" by District Judge-2, Kalyan in Commercial Suit No. 02 of 2021. Parties are referred to as "Plaintiffs" and "Defendants" for convenience. 1 of 24 WP.15949.2023.doc 3. Application below Exhibit "72" is filed by Plaintiffs seeking condonation of delay in filling their Written Statement to the Counter-claim filed by Defendant Nos. 1 to 4 below Exhibit "63". 4. Application below Exhibit "88A" is filed by Defendant Nos. 5 to 13 seeking condonation of delay in filing their Written Statement to the Counter-claim filed by Defendant Nos. 1 to 4 below Exhibit "63". 5. Defendant Nos. 5 to 13 are supporting the Plaintiffs. Contesting Defendants are Defendant Nos. 1 to 4. 6. By the impugned Order dated 13.01.2013, delay in filing Written Statement to the Counter-claim is condoned with order of costs. Defendant Nos. 1 to 4 have challenged this Order allowing condonation of delay beyond the prescribed period of 120 days, this be