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2013 Supreme(Bom) 671

ROSHAN DALVI
Sparebanken Sogn og Fjordane – Appellant
Versus
M. V. Bos Angler – Respondent


Advocates Appeared:
For the Plaintiffs:Atul Rajadhyaksha, Sr. Adv. a/w. Zarir Bharucha, Archit Dhir, i/b. Bimal Rajasekhar, Advocates.
For the Defendants:V.K. Ramabhadran, Rahul Narichania, a/w. Amitava Majumdar, a/w. Shivkumar Iyer, a/w. Sujan Malhotra, a/w. Nihal Shaikh, i/b. Bose & Mitra & Co., A.M. Vernekar, i/b. Narichania & Narichania Advocates. For the Intervener:Ms. Sneha Phene, a/w. F. Lakdawala, i/b. Little & Co., Advocates.

Judgment :

1. This Notice of Motion is taken out by the Plaintiff for directions in the suit relating to the admissibility of the documents of the Plaintiff, the cross examination of the Plaintiff's witnesses and for expeditious progress of the hearing of the above suit and the suits filed by the defendants herein being Admiralty Suit Nos.32 of 2011, 26 of 2011, 53 of 2011 and 54 of 2011.

2. It may be at once be mentioned that in view of the amendment of the Civil Procedure Code in 1999 and 2002 (CPC) more specially by the amendment to Order 8 Rule 1 and Order 18 Rule 4 of the CPC, all suits are in essence expedited.

3. So soon as writ of summons is served or is even deemed to be served and the defendants are represented in the suit, the Written Statement would have to be filed within 30 days, except when the Court, for specified reasons, allows the defendant to file the suit within a extended period of 90 days under Order 8 Rule 1 of CPC.

4. After the Written Statement is filed it is for the court to frame issues, subject, of course, to the availability of time under Order 14 Rule 1 of the CPC. Once the issues are framed it is for the Plaintiff to prosecute the suit by issuing no






















































































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