Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.174 OF 2019
IN
L.C. SUIT NO. 819 OF 2017
(CNR NO. MHCCO10004942019)
Sukhprit Singh S/o.Rajendra Singh Chadha )
Aged about 48 years of Mumbai adult, Indian )
Inhabitant, Owner in respect of Shop No. 23, )
Unit No.2, situated at Meher Estate, Below )
Mahalaxmi Bridge, Mahalaxmi, Mumbai34. )...Plaintiff.
Versus
Municipal Corporation of Greater Mumbai )
A Body incorporated under the provisions of )
B.M.C.Act having its office at Mahapalika )
Bhavan, Mahapalika Marg, Mumbai400 001. )
Through Asst. Municipal Commissioner, )
'G/South' Ward Office Building, N.M.Joshi Marg )
Elphinstone, Mumbai400 018. )...Defendants.
Appearance:
Advocate Mrs.Narvekar for plaintiff.
Advocate Mr. Sutar for Defendants/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 01st JULY, 2019.
(C.R.No.06)
O R D E R
This notice of motion is filed on behalf of the
Defendants/Municipal Corporation of Greater Mumbai for setting aside
-- 1 of 4 --
2
no reply and written statement order. This notice of motion is resisted
on behalf of the plaintiff by filing reply on the Notice of Motion. Read
the present notice of motion and reply. Perused record.
2. Ld. advocate on behalf of the defendants/MMC has argued
that the defendants being statutory and public body and a vast
organization and due to heavy workload these defendants failed to file
the reply and written statement in time. In support of his contention,
the employee of defendants Shri Satish Vishwanath Powar filed his
affidavit alongwith this notice of motion.
3. Ld. advocate on behalf of the plaintiff has argued that the
defendants have not given any explanation of the delay for filing the
same.
4. After scrutiny of the present notice of motion, affidavit of
the employee of the defendants namely Shri Satish Vishwanath Powar,
reply filed on behalf of the defendants, admittedly, the defendants
could not file its reply and written statement within stipulated period.
Considering the reasons mentioned in this notice of motion and
affidavit of the employee of the defendants, I am of the opinion that it
requires to set aside the order for filing reply and written statement of
the defendants. If the defendants permitted to file reply and written
statement, the matter will be decided on merit. Therefore, I proceed to
pass the following order.
ORDER
1. Notice of Motion No.174/19 is hereby allowed.
2. No reply and W/s order is hereby set aside and permitted to the
defendants to file their reply and written statement.
-- 2 of 4 --
3
2. Notice of Motion No.174/19 is disposed of accordingly.
Date : 01.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 01.07.2019
Transcribed on: 01.07.2019
Signed by HHJ : 03.07.2019
-- 3 of 4 --
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/07/2019 3.59p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
01/07/2019
Judgment/order signed by P.O on 03/07/2019
Judgment/order uploaded on 03/07/2019
-- 4 of 4 --