Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Order in NM 248/20 in Suit 938/15
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 248 OF 2020
IN
S.C. SUIT NO. 938 OF 2015
CNR NO. : MHCC010005752020
Mr. Gajanan Kanhaiyalal Gupta …. Plaintiff
Versus
Mr. Ganesh Kanhaiyalal Gupta & Ors. ….Defendants
Appearance:
Adv. Mr. N.G. Gardare (SA) for defendant no. 1 & 2(a).
Adv. Mr. Jitendra Tiwari for plaintiff.
CORAM : SMT. S.S. NAGUR,
JUDGE, (C.R.NO.04)
DATE : 07.12.2021
ORAL ORDER
(Dictated in open Court)
The Notice of Motion is filed by the defendants to file
additional Written Statements. The Notice of Motion is supported by
Affidavit of defendant no. 2(a) Parvati Gupta, the widow of deceased
Kanhaiyalal Gupta. The defendants stated that they are poor, unable to
maintain themselves. Therefore, an application was filed for seeking
Advocate through Legal Aid. However, the said application is treated as
Written Statement. It is not their Written Statement. They want to file
proper Written Statement. Hence, prayed to allow the Notice of Motion.
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2 Order in NM 248/20 in Suit 938/15
2. The plaintiff failed to file reply and as per roznama dated
09.03.2020 it is noted that, “if on next date, plaintiff will not file reply
to Notice of Motion No.248/2020, court will be compelled to hear
arguments of said NM without reply of Plaintiff”.
3. Heard Advocate Mr. N.G.Gardare for the defendants and
Advocate Mr. Jitendra Tiwari for the plaintiff. Perused the contents of
the Notice of Motion supported by Affidavit and I have also gone
through the record. Advocate Tiwari for the plaintiff argued that the
Notice of Motion is not maintainable to file Additional Written
Statement. Reason for delay is not stated. Hence, prayed to reject the
Notice of Motion.
4. The defendant no. 2(a) in the Affidavitofsupport to the
Notice of Motion stated that Exhibit 8 and 9 was the application and not
the Written Statement. On perusal of roznamas dated 08.10.2018,
Exhibit 8 and 9 is noted as Written Statement of defendant no. 1 &
2(a). Thereafter, the roznama dated 29.03.2019 shows that Exhibit 8
filed by the defendant no. 1 is in fact not a Written Statement. It is
requested to the Court to appoint an Advocate for him. Considering the
aspect, the Registrar is directed to provide Legal Aid to the defendant
no.1, if he is entitled. The above direction is complied and the Advocate
through Legal Aid was appointed to appear on behalf of defendant
no. 1.
5. The defendant no. 1 desires to file Additional Written
Statement. The application Exhibit 8 is treated as Written Statement,
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but in roznama dated 29.03.2019, the defendant no. 1 and 2(a) were
allowed to get Advocate to represent their case through Legal Aid. The
plaintiff is denying it on the ground that sufficient reason for delay is
not shown and it is not in the proper form.
6. Considering the facts on record that the defendant no. 1
and 2(a) were not able to appoint Advocates and the time has taken to
get the advocates through Legal Aid and due to that there is delay to file
Written Statements. The contents in Exhibit 8 in respect of facts is also
mentioned. Considering this aspect also, it is necessary to allow to file
Additional Written Statement to give proper opportunity to the
defendant to contest the suit. Hence, pass following order :
ORDER
(1) The Notice of Motion is allowed.
(2) The defendant no. 1 and 2(a) is allowed
to file Additional Written Statements by
condoning delay, if any.
(3) Accordingly, the Notice of Motion is disposed of.
(SMT.S.S.Nagur)
Judge
City Civil Court,
Date :07/12/2021 Greater Mumbai.
Pronounced on : 07.12.2021
Dictated on : 06.12.2021
Transcribed on : 08.12.2021
Checked & Signed on : 08.12.2021
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4 Order in NM 248/20 in Suit 938/15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/12/2021 3.15 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.4)
Date of Pronouncement of
Judgment/Order.
07/12/2021
Judgment/order signed by P.O on 08/12/2021
Judgment/order uploaded on 09/12/2021
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