Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 108 OF 2021
IN
S.C. SUIT NO. 2303 OF 2019
( CNR No. MHCC01-000301-2021)
M/s. Ceenik Exports (India) Ltd. ...Plaintiff
V/s.
Aarambh ...Defendant
Appearances :-
Learned advocate Chinmay Apte for plaintiff.
Learned advocate Sushant Yadav for defendant.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 08/10/2021.
ORDER
This is a notice of motion taken out by the defendant for setting
aside no written statement order passed dated 14/01/2020. This
application is resisted on behalf of defendant by way of oral submission.
2. Heard both the learned counsels on behalf of both the sides. Read
the present notice of motion, Affidavit of defendant in support of this
notice of motion.
3. Learned advocate for the defendant has submitted that no written
statement order has been passed against the present defendant by this
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Hon’ble Court dated 14/01/2020. There is delay for 463 days in filing
the written statement. The learned counsel on behalf of the defendant
has further submitted that the defendant has not received the summons
and does not remember the date of receiving the plaint. The plaintiff
has not filed original writ of summons in this Hon’ble Court. This
Hon’ble Court has in its order dated 14/01/2020 observed that the
defendant had appeared in this Hon’ble Court on 07/09/2019 and has
calculated the delay from the said date. Therefore, the defendant ( for
the purpose of calculating delay) is considering 1st September, 2019 as
the date of receiving the writ of summons and is calculating the delay
accordingly. In the light of the said submission there is a delay of 463
days in filing the written statement. The advocate of the defendant took
some time considering the issues involved in the present case and the
remedies available to the defendant and thereupon after taking
instructions on the same prepared the written statement which was
thereafter forwarded to the defendant for their verification of facts and
approval. The defendant thereafter suggested certain corrections which
were incorporated and the final draft was then forwarded to advocate
of the defendant for finalization. In view of the aforesaid, certain
additional time was required in preparing the written statement in the
present matter. The learned counsel on behalf of the defendant has
further submitted that the defendant has not intentionally filing late
written statement. Therefore, considering issues involved in the suit, the
defendant should be given opportunity for filing his written statement
and evidence.
4. The learned counsel on behalf of the plaintiff has submitted that
considering facts and circumstances mentioned in this notice of motion
necessary order may kindly be passed.
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5. After hearing arguments advanced on behalf of both the sides at
length and on scrutiny of the present notice of motion, moreover,
admittedly, the plaintiff has not filed written statement in this notice of
motion. Considering issues involved in this suit, I am of the view that it
requires to give opportunity to the defendant to file his written
statement. Therefore, I inclined to allow this notice of motion subject to
imposing costs. Hence, I proceed to pass following order.
ORDER
1. Notice of Motion No.108/2021 is hereby allowed as prayed for
subject to cost of Rs.3,000/-.
2. The defendant is hereby directed to deposit cost of Rs.3,000/- to
District Legal Services Authority, Mumbai on or before one month from
the date of this order.
3. Notice of Motion No. 108/2021 is disposed off accordingly.
Sd/-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :08/10/2021. Gr. Mumbai
Dictated on: 08/10/2021
Transcribed on: 08/10/2021
HHJ signed on: 12/10/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
12/10/2021 at 5.00 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
08/10/2021
Judgment/order signed by P.O. on 12/10/2021
Judgment/order uploaded on 12/10/2021
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