Order 2

Order Details: Order below exhibit
Pdf Text: CS No. 100050 / 2020
Karishma – Sun Chemical
Order (Exh.10) 1 of 3
City Civil & Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 31 – Commercial Court,
(Additional District Judge : Vijay S. Hingne, LL. M.)
Commercial Suit No. 100050 / 2020
MHCC010003252020
Plaintiff
: Miss. Karishma Barchha
VERSUS
Defendant
: Sun Chemical Industries
Appearances
:
Plaintiff
: Adv. Ms. Nelly Mehta
Defendant
: Adv. Shri Jarin M. Doshi
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Order Below Exh. 10
(Delivered on this 11th Day of January, 2024)
Plaintiff has prayed for condonation of delay in filing
statement of admission and denial and for taking her admission
and denial on record.
Points for determination :
2) Perused Record. Heard Adv. Ms. Nelly Mehta for
plaintiff and Adv. Shri Jarin M. Doshi for defendant. Points for
determination, findings and reasons are as follows :
Points
Findings
1 Is plaintiff entitled for condonation
of delay?.......................................... In the Affirmative
2 What Order? ……………………... As per final order.
3) Factual matrix behind applications is as follows :
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CS No. 100050 / 2020
Karishma – Sun Chemical
Order (Exh.10) 2 of 3
04.01.2020 : Plaintiff filed present Commercial suit.
03.03.2021 : Defendant filed Written Statement.
27.09.2021 :
Court directed both sides to file admission and
denial.
Defendant filed application for filing documents
on record.
21.03.2022 : Court permitted defendant to file documents
within 30 days.
18.06.2022 : Defendant filed documents.
06.07.2022 : Issues are framed by my Learned Predecessor.
05.01.2023 : Admission and denial filed by defendant.
My Learned Predecessor granted last opportunity
to plaintiff to file admission and denial.
02.03.2023 :
As plaintiff failed to file admission and denial,
my Learned Predecessor closed admission and
denial of plaintiff.
Accordingly, Suit was adjourned for evidence.
20.07.2023 :
Present application at Exh. 10 filed by plaintiff
seeking condonation of delay in filing admission
and denial.
4) Plaintiff contended that, her son was suffering from
avascular necrosis, which was detected in July 2022 and hence
there is delay. It is also her case that, though defendant filed
documents on 18.06.2022, its copies were supplied to her by
defendant only on 27.07.2022.
5) Defendant objected on ground that, there is no prayer
for condonation of delay for admission and denial. Plaintiff has
caused inordinate delay and hence application be rejected.
6) Perusal shows that, Suit is filed on 04.01.2020 and
defendant filed Written Statement on 03.03.2021.
On 27.09.2021, my Learned Predecessor had directed
both plaintiff and defendant, to file their admission and denial.
7) It was argued by plaintiff that, WS was not supported by
any documents. So, there was no question for plaintiff to file
admission and denial.
Perusal shows, WS was not accompanied with
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CS No. 100050 / 2020
Karishma – Sun Chemical
Order (Exh.10) 3 of 3
documents. It was only on 18.06.2022, defendant filed its
documents. Thereafter, defendant filed the admission and denial
on 05.01.2023.
8) So, facts are that, after Court directed the parties on
27.09.2021, to file their admission and denial, defendant filed the
same on
05.01.2023 and thereafter plaintiff preferred the
application on
22.07.2023 seeking permission to file admission
and denial. It means both sides had taken their own time to
proceed with the trial.
9) Whatever case may be, it will be in interest of justice
that parties are granted fullest opportunity to contest the dispute.
Hence, for proper adjudication, plaintiff is permitted to file her
admission and denial. Accordingly, following Order is passed :
ORDER
1. Application at Exh. 10 is allowed.
2. Plaintiff is permitted to file her admission and
denial of documents.
3. Admission and denial filed by plaintiff be taken on
record and be marked as Exhibit 12.
4. Parties be informed that, they are having right to
challenge this Order.
5. Order dictated and pronounced in presence of both
Counsels.
6. Application Exhibit 10 shall be part and parcel of
Commercial Suit No. 100050 / 2020.
Mumbai
Dated : 11.01.2024 (Vijay S. Hingne)
Additional District Judge,
Court Room No.31 – Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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