Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 3098/21 in Comm. Suit No. 35/2020. 1 Order.
MHCC010100672021
Presented on : 04-12-2021
Registered on : 04-12-2021
Decided on : 01-03-2022
Duration : 0 years, 2 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 3098 OF 2021
IN
COMMERCIAL SUIT NO. 35 OF 2020
Amrut S. Gada ...Applicant
(Original Defendant)
IN THE MATTER OF:
Mr. Rasikkumar Kundanmal Jain ...Plaintiff
Versus
Mr. Amrut S. Gada ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 1st MARCH, 2022.
Shri Aakash Gaonkar h/f Shri Mohan Kanojiya, Advocate for defendant.
Shri Ramesh Jain, Advocate for the plaintiff.
ORDER
1. The defendant has filed present notice of motion for setting
aside exparte order dated 11/12/2020 and to condone delay in filing
written statement and to allow to file written statement. Perused notice
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N/m No. 3098/21 in Comm. Suit No. 35/2020. 2 Order.
of motion and say given at the backside of it. I have gone through the
suit proceeding. Heard learned counsel Shri Aakash Gaonkar for
defendant and learned counsel Shri Ramesh Jain for the plaintiff.
2. On perusal of the record, it appears that the defendant was
served with writ of summons on 10/02/2020 as per acknowledgement
(Exh.B annexed with affidavit of service). Then, exparte order came to
be passed on 11/12/2020. If date of service is taken into consideration,
the defendant should have filed written statement within 120 days from
that date. Hon'ble Supreme Court has extended period of limitation by
giving directions in Suo Moto Writ Petition (C) No. 3/2020 by passing
order on 10/01/2022. Period from 15/03/2020 till 28/02/2022 is
excluded in computing the periods in the laws prescribed in limitation
for instituting proceedings. Furthermore, it is clarified that where the
limitation would have expired during the period between 15/03/2020
till 28/02/2022, notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90 days from
01/03/2022. In the event the actual balance period of limitation
remaining, with effect from 01/03/2022 is greater than 90 days, that
longer period shall apply. In view of these directions of Hon'ble
Supreme Court, exparte order dated 11/12/2020 is liable to be set
aside and the defendant is liable to be allowed to file written statement.
Hence, I pass the following order :
ORDER
1. Notice of Motion No. 3098/2021 is made absolute in terms
of prayer clause (a) and (b).
2. The defendant is directed to file written statement on or
before the next date of hearing.
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N/m No. 3098/21 in Comm. Suit No. 35/2020. 3 Order.
3. The proceeding of N/m No. 3098/21 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 01/03/2022. Mumbai.
1. Dictated online on : 01/03/2022.
2. Signed on : 01/03/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01/03/2022. 3.54 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 01/03/2022.
Judgment/Order signed by P.O. on 01/03/2022.
Judgment/Order uploaded on 01/03/2022.
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