The Development Commissioner ... vs National Co-Operative ...
2022 Latest Caselaw 11548 Bom

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD  SHARAD PHADKE
        Date: 2022.11.15
PHADKE  11:25:11 +0530
                                                                              22 sj 37 of 2022.doc

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION
                             SUMMONS FOR JUDGMENT NO.37 OF 2022
                                             IN
                               COMM. SUMMARY SUIT NO.19 OF 2022

  National Co-operative Construction and Development
  Federation of India Ltd.                           ... Plaintiff
        versus
  Union of India and Ors.                            ... Defendants
                                        WITH
                   INTERIM APPLICATION (L) NO.16521 OF 2022
                                          IN
                  COMMERCIAL SUMMARY SUIT NO.19 OF 2022

  The Development Commissioner and Anr.              ...                Applicants
        and
  National Co-operative Construction and Development
  Federation of India Ltd.                           ...                Plaintiff
        versus
  Union of India and Ors.                            ...                Defendants


  Mr. Ashutosh Shukla, for Plaintiff.
  Mr. Anjani Kumar Singh, for Defendant Nos.2 and 3.
                               CORAM:       N.J.JAMADAR, J.

                               DATE:        14th NOVEMBER, 2022


  P.C.:

INTERIM APPLICATION (L) NO.16521 OF 2022

1. Heard the learned Counsel for the Applicants.

2. This Application is taken out to condone the delay in entering appearance.

The Applicants/Defendant Nos.2 and 3 were served with the writ of summons on 28 th

SSP 1/3 22 sj 37 of 2022.doc

April, 2022. The Application seeking condonation of delay to enter appearance seems

to have been filed on 25th May, 2022. There appears to be delay of about 20 days in

entering appearance. Since Defendant Nos.2 and 3 are the entities of the Government

and the decision making process is often time consuming,to advance the cause of

substantive justice, delay in filing appearance is condoned.

3. Application stands disposed.

SUMMONS FOR JUDGMENT NO.37 OF 2022

4. Heard the learned Counsel for the parties.

5. The learned Counsel for Defendant Nos.2 and 3 seeks further time to file

Affidavit in Reply seeking leave to defend the Suit. The Court is informed that the

Summons for Judgment is served on the Defendants on 26 th September, 2022.

6. The learned Counsel for Defendant Nos.2 and 3 submits that the Affidavit

seeking leave to defend are ready and the approval of the competent authority is

awaited.

7. By way of final indulgence, time to file Affidavit seeking leave to defend

is extended by three weeks. The Defendants shall file Affidavit seeking leave to defend

and serve its copy on the Plaintiff.

8. In the event the Affidavit seeking leave to defend is filed and copy served

on the Plaintiff, the latter is at liberty to file affidavit in rejoinder if any, within two

weeks thereafter.

SSP                                                                                   2/3
                                                 22 sj 37 of 2022.doc

9.    List on 19th December, 2022.




                                     ( N.J.JAMADAR, J. )




SSP                                                          3/3