Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 176-19 in Suit no.1826-15
1 Date :16.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 176 OF 2019
IN
SUIT NO. 1826 OF 2015
(CNR NO.MHCC010004972019 )
Mr. Mahendra Shah & Ors. .. Applicants
In the matter between
Mr. Sudeep Mahendra Shah .. Plaintiff
Versus
Mahendra Shah & Ors. .. Defendants
Appearances :
Adv.Vinay Taliwal for plaintiff present.
Adv.Amogh Karandikar for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 07
Date : 16.01.2020
ORDER
1. The defendants has filed instant Notice of Motion for
condonation of 3 years and 11 months delay in filing Written
Statement.
2. It is contended by the defendants that they have not been
served with the Writ of Summons. On 30.09.2015, their advocate
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appeared and filed reply to the Notice of Motion No. 2929 of 2015
of plaintiff. During pendency of the suit, Advocate for the
defendant due to inadvertence and oversight, missed out to file
Written Statement in time.
3. It is further contended by the defendants that they have filed
detailed reply to the Notice of Motion No. 2929 of 2015 dealing
with each and every para of the plaint. Due to inadvertence of the
advocate for the defendant, Written Statement could not be filed
on record. Hence, defendants prayed for allowing them to file
their Written Statement.
4. The Notice of Motion is opposed by the plaintiff by filing
their say. During course of argument the plaintiff fairly conceded
that delay can be condoned by imposing cost. Hence, accepting
the aforesaid statement and without going into the technicalities,
in my view, Notice of Motion needs to be allowed. Hence, I
proceed to pass the following order :
ORDER
1. Notice of Motion No.176 of 2019 is allowed in terms of
prayer clause (a) and (b) subject to condition of payment of
cost of Rs.5000/.to be payable by the defendant to the
plaintiff. After payment of the abovesaid cost, Written
Statement be taken on record.
2. Defendant to bear cost of Notice of Motion.
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3. Notice of Motion No. 176 of 2019 is disposed off accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 16.01.2020 Greater Bombay.
Dictated on : 16.01.2020
Typed on : 16.01.2020
Draft Submitted on : 16.01.2020
Checked on : 18.01.2020
Signed on : 18.01.2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/01/2020 at 11.30 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
16/01/2020
JUDGMENT/ORDER signed by P.O.
on
18/01/2020
JUDGMENT/ORDER uploaded on 24/01/2020
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