Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion 146 of 2019
In
S.C.Suit No.1464 of 2014
MHCC010004062019
Mr. Ramsamru s/o Jagdev Jaiswar ..Plaintiff
V/s
M.C.G.M. and ors ..Defendant
Advocate Mrs. Narvekar for plaintiff
Advocate Mr. V.P.Kumawat for defendant/MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 15th February , 2019
(Court Room No.06)
O R D E R
1 Defendant Municipal Corporation, Gr. Mumbai has taken
out this notice of motion to condone the delay in filing written
statement and permit the defendant to file written statement.
2 According to defendant, defendant is the Municipal
Corporation for Gr. Mumbai. Defendant is public body and vast
organization. Due to heavy work load defendant could not file written
statement. The defendant has issued a notice to the plaintiff U/s 354A
of the MMC Act. Plaintiff has challenged the said notice. Defendant has
good cause to contest the suit. If the notice of motion is not allowed
then prejudice will be caused to defendant. Hence prayed to allow the
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notice of motion.
3 Plaintiff resisted the notice of motion on the ground that
there is willful default by defendant for not filing the written statement.
The reason mentioned by defendant are not sufficient. Hence, prayed
to dismiss the notice of motion.
4 I have heard Shri V.P.Kumawat advocate for defendant and
Mrs. Narvekar advocate for plaintiff.
5 By this suit plaintiff has challenged the notice U/s 354A of
MMC Act. Admitedly, defendant is public body and vast organization.
The reason mentioned by defendant that due to heavy work load
defendant could not file written statement. This reason seems to be
sufficient. Therefore considering the nature of the suit it is necessary to
come on record the written statement of the defendant. Hence, notice
of motion deserves to be allowed. In view of this I pass following
order:
ORDER
1 Notice of Motion no.146 of 2019 is hereby made
absolute in terms of prayer clause (a) and (b) of the
notice of motion.
2 Defendant is permitted to file written statement
on record.
3) Notice of motion is disposed of accordingly.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay
Dictated on : 15/02/2019
Typed on : 15/02/2019
Signed by HHJ. : 16/02/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
15/02/2019
JUDGEMENT/ORDER signed by
P.O. on
16/02/2019
JUDGEMENT/ORDER uploaded
on
16/02/2019
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