Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.23919 IN SUIT No.221918
MHCC010006122019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 239 OF 2019
IN
S.C. SUIT NO. 2219 OF 2018
Hastimal Motilal Jain ] ...Plaintiff.
Versus
Shailesh Manoharlal Vanigota & Others]…Defendants.
Appearance:
Ld Advocate J. S. Yadav for plaintiff.
Ld Advocate Natasha Dhim for Defendant Nos.3, 4 and 7.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 09/11/2022
ORAL ORDER
1) Defendant Nos. 3,4 and 7 have taken out present notice of
motion for condonation of delay in filing their written statement and for
taking on record their written statement.
2) Perused the notice of motion, affidavit in support of notice
of motion and record. Heard arguments advanced by Ld Advocate for
defendant Nos. 3,4 and 7 and Ld Advocate for plaintiff.
3) From the matter on record it appears that plaintiff has not
challenged the contention of defendant Nos. 3, 4 and 7 that writ of suit
summons of the present suit was not served upon them. Moreover,
plaintiff has not challenged the cause for delay in filing written statement
stated by defendant No.3 in affidavit in support of notice of motion. The
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2 NM No.23919 IN SUIT No.221 918
defendant Nos. 3,4 and 7 have stated that as the defendant's Advocate
was preoccupied in other matters before commencing of Diwali vacations
and later on due to sleep disk she was advised to take complete bed rest,
there is delay in filing their written statement. There is nothing on record
so as to disbelieve the above cause stated for delay in filing written
statement. Moreover, it is settled law that party should not suffer for the
mistake on the part of advocate. Moreover, the delay is also not
inordinate. Therefore, considering the matter on record court held that
defendant Nos. 3,4 and 7 have demonstrated just and exceptional cause
for condonation of delay in filing their written statement.
4) Considering the matter on record and above discussion
present notice of motion deserves to be made absolute. Therefore, court
proceeds to pass following order:
ORDER
1) Notice of Motion No. 239 of 2019 is made absolute.
2) Written Statement of Defendant Nos.3, 4 and 7 be taken on record.
3) Notice of Motion No. 239 of 2019 is disposed off accordingly.
Date : 09/11/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :9/11/2022.
Typed on : 10/11/2022.
Checked on :10/11/2022.
Signed on:11/11/2022.
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3 NM No.23919 IN SUIT No.221 918
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/11/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
9/11/2022
JUDGMENT/ORDER signed by P.O.
on
11/11/2022
JUDGMENT/ORDER uploaded on 16/11/2022
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