Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.83/19
in Suit No.2269/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No. 83 of 2019
(CNR NO. MH CC010001952019)
In
SUIT No. 2269 OF 2018
Haidarali Taher Rassiwalla & Ors. ....Plaintiffs
V/s.
Mumbai Housing & Area Development Authority
(MHADA) and ors. ....Defendants
Appearance:
Mr. Parmar, Advocate for the plaintiff.
Mrs. Mangal Kadam, Advocate for the defendant Nos.1 and 2.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 14 th November, 2019.
ORDER
1. This Notice of Motion is taken out by defendant Nos.1 and 2
for condonation of delay of 73 days in filing written statement.
2. On earlier date Learned Advocate of plaintiff submitted that
he do not wish to file reply on Notice of Motion. Therefore, arguments
of both the Learned Advocates were heard. In the affidavit in support of
Notice of Motion, it is submitted that the copy of plaint was served to
defendant Nos.1 and 2 on 30.08.2011. After appearance in the matter,
the instructions were called from the office. However, the copy of the
plaint got misplaced from the concerned officer, and therefore delay in
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2 Notice of Motion No.83/19
in Suit No.2269/2018
filing the written statement has been caused. Learned Advocate for
plaintiff has not opposed to the Notice of Motion.
3. Therefore, if prayers in the Notice of Motion are allowed, no
prejudice or harm will cause to plaintiffs. Further more, if the written
statement of defendant Nos.1 and 2 is taken on record, it will helpful in
deciding the suit on its own merit. Resultantly, I pass following order.
ORDER
1) Notice of Motion No.83/2019 is made absolute in terms of prayer
clause (a).
2) The written statement of defendant No.1 which is already tendered
be taken on record.
3) Notice of Motion No.83/2019 is disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 14/11/2019
Dictated on : 14.11.2019
Transcribed on : 16.11.2019
Signed on : 19.11.2019
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3 Notice of Motion No.83/19
in Suit No.2269/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.11.2019 1.50 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 14.11.2019
Order signed by P.O. on 19.11.2019
Order uploaded on 20.11.2019
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