Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.40-2020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.40 OF 2020
IN
S.C. SUIT NO.1074 OF 2019
(CNR NO.MHCC01-000056-2020)
Anuya Sunil Murkar … Plaintiff
Vs.
Sindhu Abhay Shivalkar & Ors. … Defendants
Appearances:
Ld. Adv Redekar for plaintiff.
Ld. Adv Girin N. Pandit for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI. R. S. PAVASKAR
(C.R.NO.12)
DATE : 5th FEBRUARY 2021
ORAL ORDER
Defendant No.1 has taken out this notice of motion for
setting aside “No Written Statement” order dated 28.11.2019.
2. Heard the learned Advocates for defendant No.1 and the
plaintiff. Perused the affidavit filed in support of the notice of motion
and reply.
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NM No.40-2020
3. From the affidavit in support of the notice of motion, it
appears that defendant No.1 has been suffering from Rheumatoid
Arthritis from July 2019 and she could hardly move.
4. The learned Advocate for the plaintiff has questioned the
veracity of the medical certificate filed by defendant No.1. According to
him, the Dr Sunil Aanad who had issued the medical certificate was
Homeopath Consultant and not Orthopedic Doctor. He further
submitted that if the plaintiff could go to the clinic of Dr Sunil Anand
for medical treatment, she could very well have come to this Court.
5. At this stage, it is necessary to see whether the reasons
given by defendant No.1 for the delay in filing a written statement are
justified or not. I see no good reason to disbelieve the statements made
by defendant No.1 in her affidavit about her illness and her inability to
move out of her house due to her physical ailment.
6. It appears that the previous Advocate of defendant No.1
had returned the brief, and therefore, she was required to search for a
new Advocate.
7. To my mind, the grounds stated by defendant No.1 for her
failure to file a written statement within the stipulated time are just and
satisfactory. Considering these facts and to give an opportunity to
defendant No.1 to put forth her case, to my mind, it is expedient in the
interest of justice to set aside “No Written Statement” order dated
28.11.2019 passed against defendant No.1. At the same time, she has to
be saddled with costs for the delay in filing in a written statement.
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NM No.40-2020
Accordingly, I hold that the notice of motion deserves to be allowed
with costs. Hence, the order:-
ORDER
1. Notice of Motion No.40 of 2020 is made absolute in
terms of prayer clauses (a) and (b) subject to costs of
Rs.5,000/-.
2. Notice of Motion No.40 of 2020 is accordingly
disposed of.
Sd/-
R. S. PAVASKAR
Judge,
Dated : 05/02/2021 City Civil Court, Gr. Bombay
Dictated on : 05/02/2021
Transcribed on : 05/02/2021
HHJ signed on : 05/02/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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06.02.2021 3.50 p.m. ARUN ANNAMALAI MUDALIYAR
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HHJ Shri. R.S. PAVASKAR (CR 12)
Date of Pronouncement of
JUDGEMENT /ORDER
05.02.2021
JUDGEMENT /ORDER signed by
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05.02.2021
JUDGEMENT /ORDER uploaded
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