2024:BHC-OS:9025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (COMMERCIAL DIVISION) NO.648 OF 2017 IN COMMERCIAL SUIT NO.177 OF 2016

1. Vidharbha Irrigation Development Corporation, represented by Executive Director, a body corporate constituted under the Maharashtra Act XXVI of 1997 and having its head office at Sinchan Seva Bhavan, Civil Lines, Nagpur-400001.

2. Executive Engineer, Vidharbha Irrigation Development Corporation, Goshikurd Dam Division, Washi (Pauni)-441910, Dist: Bhandara, Maharashtra.

3. The Chief Engineer (Water Supply Dept.)

Goshikurd projects and having its head office at Vidharbha Irrigation Development Corporation, Sinchan Seva Bhavan, Civil Lines, Nagpur-400001.

4. The Superintending Engineer, Goshikurd Project Circle having its head office at VIDC Sinchan Seva Bhavan, Civil Lines, Nagpur-400001. … Applicants In the matter between:

Hindustan Construction Company Limited An existing company incorporated under the Companies Act, 1913 and governed by the Companies Act, 1956 and 2013 (to the extend as applicable)

and having its registered office at Hincon House, 11^th floor, 247 Parl, Lal Bahadur Shashtri Marg, Vikhroli (East), Mumbai 400083. … Plaintiffs Vs.

1. Vidharbha Irrigation Development Corporation, represented by Executive Director, a body corporate constituted under the Maharashtra Act XXVI of 1997 and having its head office at Sinchan Seva Bhavan, Civil Lines, Nagpur-400001.

2. Executive Engineer, Vidharbha Irrigation Development Corporation, Goshikurd Dam Division, Washi (Pauni)-441910, Dist: Bhandara, Maharashtra.

3. The Chief Engineer (Water Supply Dept.)

Goshikurd projects and having its head office at Vidharbha Irrigation Development Corporation, Sinchan Seva Bhavan, Civil Lines, Nagpur-400001.

4. The Superintending Engineer, Goshikurd Project Circle having its head office at VIDC Sinchan Seva Bhavan, Civil Lines, Nagpur-400001. … Defendants Mr. P. M. Palshikar with Mr. A. C. Mahimkar, Advocates for the Applicants in NMCD No.648 of 2017.

Mr. Ativ Patel i/by M/s AVP Partners, Advocate for the Respondent in NMCD No.648 of 2017.

CORAM : ABHAY AHUJA, J.

DATE : 10 JUNE, 2024.

ORAL JUDGMENT :

1. This Notice of Motion seeks quashing and setting aside of orders passed by the learned Prothonotary and Senior Master transferring the suit with respect to the Applicants herein viz. the Defendants therein to the list of undefended suits as the Defendants failed to file written statement within time and and to condone the delay of 231 days in filing written statement of the Defendants and thereafter to take the written statement on their behalf on record.

2. Mr. Palshikar, learned counsel for the Applicants would submit that the Writ of Summons was served upon the Defendants on 2^nd November, 2016. That since the Applicants are based in Vidharbha, they immediately approached their panel Advocates who are based in Nagpur as the Applicants do not have a panel of Advocates for Mumbai. That therefore, the Applicants depended on their panel of Advocates at Nagpur for appointment of Advocate to defend the suit in Mumbai. That accordingly on the suggestion of their panel Advocates they appointed a panel Advocate from Mumbai for representing them in the suit before this Court who filed Vakalatnama on 15^th November, 2016. Mr. Palshikar would further submit that the Applicants were coordinating with their Panel Advocate at Nagpur who in turn was coordinating with their panel Advocate at Mumbai. The Applicants were called upon to give parawise remarks for preparation of their written statement. Mr.Palshikar would submit that the Defendant No.1 is specifically constituted under the Maharashtra Act No.XXV of 1997 for the purpose of the irrigation project set up in District Bhandara. That the offices of the Applicants No.1, 3 and 4 are situated at Nagpur while that of Applicant No.2 is at Pauni, District Bhandara. It is further submitted that the plaint filed by the Plaintiff was volumin