Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.101 OF 2018
IN
SUIT NO.1436 OF 2017
M/s. Ambe Oilfield Services Pvt.Ltd. ...Plaintiff
V/s.
Sunil Kumar J. Singh ...Defendant
Appearances:
Ld. Adv.Mr.Ajit Shobhawat for plaintiff.
Ld. Adv.Mr.Dubey for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 13th June,2018
ORDER
By way of this notice of motion defendant prayed for condonation
of delay in filing written statement.
2. In supporting affidavit of Sunil Kumar J. Singh, defendant
submitted that, defendant is unable to file written statement after
service of writ of summons on 17.07.2017, as he had been to his home
town and unable to attend the Court and therefore, there was delay in
filing written statement. As no written statement order is yet to be
passed, hence, delay in filing written statement be condoned and in the
interest of justice, he be permitted to file written statement on record.
3. Learned counsel for plaintiff filed reply to this notice of motion
and strongly opposed the notice of motion. He contended that, notice
MHCC01-000340-2018
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of motion taken out is misconceived, bad in law and without any
plausible explanation for delay caused. There is no supporting
documents in respect of delay. Even the matter was kept for exparte
order, the defendant has taken out notice of motion without seeking
relief for setting aside that exparte order, hence, it cannot be
entertained. Hence, notice of motion be dismissed with heavy costs.
4. Heard both the sides at length. Perused the submissions, affidavit
and reply.
5. The suit is for recovery of Rs.16 lacs and more. At this moment
as per submission of the defendant he was served on 17.07.2017.
Therefore, under O.8 R.1 of C.P.C written statement ought to have filed
within 30 days from the date of service or within extended period of 90
days. However, no such permission was sought. The defendant
submitted that, he was ill is not supported by medical certificate.
Considering this submission, at this stage if permission is granted to file
written statement by condoning the delay, defendant would be able to
put forth his defence whatever available to him. Else, right to sue to
defend the suit will be forfeited forever. In such circumstances, one
chance at this stage needs to be granted to defendant to file his written
statement on record.
6. Considering the submissions, the delay of 120 days needs to be
condoned, though specific explanation or plausible reason is not
mentioned, subject to costs it will suffice the ends of justice. Therefore,
defendant is directed to pay costs Rs.12,000/ i.e. Rs.100/per day, as
condition precedent to condone the delay and to file written statement
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on record. Hence, notice of motion needs to be made absolute by
following order :
O R D E R
1. Notice of Motion No.101 of 2018 in Suit No.1436 of 2017
is made absolute and delay of 120 days in filing written
statement is condoned subject to payment of costs of
Rs.12,000/ payable to plaintiff within four weeks from the
date of this order.
2. After payment of costs defendant will be permitted to file
written statement on record.
3. Noncompliance of the order will forfeit right of defendant
forever to file written statement in this suit.
4. Both parties to take note.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.:13/06/2018 City Civil Court, Gr. MUMBAI
Dictated on : 13.06.2018
Transcribed on : 13.06.2018
Signed on : 13.06.2018
kps/
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NM 101/2018 .. 4 .. Suit No.1436/2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.06.2018 at 5.15 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 13.06.2018
Judgment/order signed by P.O. on 13.06.2018
Judgment/order uploaded on 13.06.2018
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