KUNAL ASHOK MEHTA Vs. SHAH DEVELOPERS

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The defendant has taken out this notice of motion seeking condonation of delay in filing the written statement, and permission to file written statement, by setting aside the order dated 4th March 2017, passed by the Prothonotary and Senior Master of this Court, that, in view of the default on the part of the defendant to file the written statement, the suit be transferred to the list of undefended suits.

(3.) The defendant contends that the writ of summons was not served upon the defendant. The defendant entered appearance on 2 nd March 2017. It is contended that as the defendant was out of station on account of business meetings, requisite steps to prepare and file the written statement, within the stipulated time, could not be taken and therefore there was default.