. Heard the learned counsel appearing for the parties.
Learned counsel for the Union of India has tendered counter-
affidavit, and served copy thereof on the learned counsel for the
Petitioner and the learned APP in the court. The same is taken
on record. S.O. to 4th June, 2019 (to be placed high on board).

Sd/- Sd/-
[A. M. BADAR, J.] [INDRAJIT MAHANTY, J.]

Vinayak Halemath

1/1

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2. Subsequent to the Judgment being delivered, the Petitioner filed a Praecipe

dated 7th March, 2019, which read as under :

“1. By an order dated 20th August, 2018, this Hon’ble Court
framed the following question of law :

“Whether in view of the amendment to the Code of Civil
Procedure, 1908 by a Commercial Court, Commercial
Division and Commercial Appellate Division of High Court’s
Act, 2015 (4 of 2016), the Defendant can be allowed to file the
Written Statement after 120 days from the date of service of
1 2019 SCC Online Bom. 358

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Nitin 3 / 57 RPL-15-2019-3.doc

Writ of Summons in a Commercial Suit”.

2. Subsequent to the Judgment being delivered, the Petitioner filed a Praecipe

dated 7th March, 2019, which read as under :

“1. By an order dated 20th August, 2018, this Hon’ble Court
framed the following question of law :

“Whether in view of the amendment to the Code of Civil
Procedure, 1908 by a Commercial Court, Commercial
Division and Commercial Appellate Division of High Court’s
Act, 2015 (4 of 2016), the Defendant can be allowed to file the
Written Statement after 120 days from the date of service of
1 2019 SCC Online Bom. 358

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Writ of Summons in a Commercial Suit”.

( S.J.KATHAWALLA, J. )

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( S.J.KATHAWALLA, J. )

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( S.J.KATHAWALLA, J. )

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2. The learned Advocate appearing for Respondent No. 1 has filed his

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Vakalatnama on behalf of Respondent No. 1.

3. Since the matter is partly heard, by consent the same is treated as Part

Heard.

4. Stand over to 10th June, 2019 at 2.30 p.m. in Chambers. In the meantime,

the earlier ad-interim order shall continue.

( S.J.KATHAWALLA, J. )

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