Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 131/19 in Suit No. 7764/97. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 131 OF 2019
(CNR NO. MHCC010003532019)
IN
SUIT NO. 7764 OF 1997
(CNR NO. MHCC010019451997)
(HIGH COURT SUIT NO. 4188 OF 1997)
State Bank of India ...Plaintiffs
Versus
M/s. Bhavna Trading Co. and Others ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 29th JULY, 2019.
None for Plaintiff.
Ms. Shahnaz Baig, Advocate for Defendant No.4.
ORAL ORDER
This is a motion taken out by defendant no.4 to accept
written statement filed by defendant no.4 on 08/06/2018. Ld.
Advocate Shahnaz Baig for defendant no.4 submits that written
statement of defendant no.4 is taken on record but not accepted. In
fact, the motion is in the form to review of the order passed by this
Court dated 01/10/2018, passed below Exh.1.
2. There is no reply filed by plaintiff State Bank Of India.
3. Ld. Advocate Shahnaz Baig for defendant no.4 submits that
the basic amount of Rs.47/ was converted into Rs.47047/ by the
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N/m No. 131/19 in Suit No. 7764/97. 2 Order.
plaintiff. Therefore defendant no.4 has a good case to contest. From
para no.9 to 16, in summary arguments on behalf of defendant no.4,
various grounds are mentioned for delay caused in submission of
written statement. It is requested to accept the written statement.
4. It is added that amended Civil Procedure Code, 2002, is not
applicable to the defendant as suit is pending prior to the aforesaid
amendment. Ld. Advocate for defendant no.4 relied on various case
laws wherein written statement came to be accepted after a long delay.
Hence it is requested to accept the written statement.
5. On perusal of proceeding, it is to note that defendant no.4
appeared before the Original Side of the Hon'ble High Court on
19/03/1998. It is admitted that there is a V/P filed on behalf of
defendant no.4 on 19/03/1998. In view of increase in the jurisdiction
of this Court, the suit is received by way of transfer to this Court in the
year 2013. Accordingly following two questions are important to note
i.e.
a) Is there satisfactory ground submitted by defendant no.4
for no submission of written statement from March 1998
till 2012 ?
b) Is there any satisfactory ground submitted by defendant
no.4 for no written statement submitted since 2013 to July
2018 before this Court ?
6. It is replied by ld. advocate for defendant no.4 that
defendant has lost the track. On perusal of order passed by my ld.
Predecessor dated 01/10/2018, it is observed in clear terms that the
delay of 20 years is not explained by the defendant no.4. It is further
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N/m No. 131/19 in Suit No. 7764/97. 3 Order.
observed that it is complete negligence on the part of the defendant to
file written statement. It is to note that aforesaid order is appealable
order. In express words, my ld. Predecessor has rejected to accept the
written statement vide order dated 01/10/2018.
7. The scope of review is very limited. In short, there is no
satisfactory ground for condonation of delay of 20 years. There is no
apparent or arithmetic mistake which can be covered in the scope of
review. The application is devoid of merit. I am agree with order
passed by ld. Predecessor dated 01/10/2018. In short, motion deserves
to be rejected. Hence the order :
ORDER
1. Notice of Motion No. 131/2019 stands rejected.
2. Suit is proceeded exparte against remaining defendants.
3. The suit to proceed No W.S against defendant no.4.
4. The suit being 22 years old, parties to expedite hearing.
5. N/m No. 131/19 is disposed off accordingly.
Note : At the request of Advocate Shahnaz Baig, longer date is given.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 29/07/2019. Mumbai.
1. Dictated on : 29/07/2019.
2. Transcribed on : 30/07/2019.
3. Signed on : 30/07/2019.
4. Delivered to Certified :
Copy Section on
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N/m No. 131/19 in Suit No. 7764/97. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/07/2019. 5.52 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/07/2019.
Judgment/Order signed by P.O. on 30/07/2019.
Judgment/Order uploaded on 30/07/2019.
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