Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010001812020
Presented on : 06-01-2020
Registered on : 06-01-2020
Decided on : 28-08-2023
Duration : 3 years, 7 months, 22 days
IN THE COURT OF
COURT 17 ADDL SESSIONS JUDGE AT Mumbai,Mumbai
Presided Over by Shri. S. N. Patil
NOTICE OF MOTION NO.75 OF 2020
IN
SHORT CAUSE SUIT NO.2679 OF 2019
Bhalchandra Sadanand Keni and others ..Plaintiffs
Versus
Mumbai Building Repair and Reconstruction
Board and others ..Defendants
___________________________________________________________
Ld. Advocate Rejeev Matkar for the plaintiffs
Ld. advocate Kandekar for defendant No.1/MHADA
Ld. advocate V.S.More for defendant No.4
___________________________________________________________
CORAM: HIS HONOUR JUDGE SHRI S.N.PATIL
DATE: 28/08/2023
ORAL ORDER
1. Read the notice of motion. Heard.
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2. Defendant No.4 Mrs. Darshana Bhalchandra Kini has
filed this notice of motion to condone the delay in filing the written
statement and prayed that written statement filed on record be taken
on record.
3. Defendant No.4 submitted that plaintiffs have filed the
suit for declaration and injunction against the defendants. The writ
of summons was served to defendant No.4 on 25/10/2019 and she
was supposed to file the written statement within a period of 30 days
from the date of service of writ of summons. But, due to the holidays
of the Diwali from 25/10/2019 to 31/10/2019, she could not file her
written statement. It is also submitted by her that she is residing far
away from Mumbai i.e. at Dahanu and therefore she is unable to
engage an advocate and to file written statement within stipulated
time and no written statement order was passed against her for non
filing of written statement. There is delay of nine days in filing the
written statement.
4. No say was filed by the plaintiffs.
5. On perusal of reasons in the notice of motion, there is
delay of nine days in filing the written statement. The reasons
mentioned in the notice of motion for non filing of written statement
are satisfactory. If delay is not condoned and written statement is not
taken on record, defendant No.4 will deprive from her right to appear
and it may cause great hardship to defendant No.4. On the contrary,
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if the delay is condoned and written statement is taken on record, an
opportunity would be available to defendant No.4 to prove her case
and there will be no multiplicity of proceedings. In such
circumstances, in the interest of justice, it would be just and proper to
condone the delay and to bring on record written statement filed by
defendant No.4. Hence, I proceed to pass the following order:-
ORDER
1. Notice of Motion No.75 of 2020 is made absolute subject
to costs of Rs.500/-.
2. Delay of 9 days for filing written statement is hereby
condoned.
3. After making payment of costs of Rs.500/-, written
statement be taken on record.
4. N/M 75/2020 is disposed of accordingly.
( S.N.PATIL )
28/08/2023 Judge
City Civil Court, Gr. Bombay.
Dictated on : 28.08.2023
Transcribed on : 05.09.2023
Signed on : 05.09.2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
08/09/23 at 04.34 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
28.08.2023
Judgment and order signed by P.O. 05.09.2023
Judgment/order uploaded on 08.09.2023
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