Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 281 OF 2020
IN
SUIT NO. 2954 OF 2014
Shree Gajanan Sahakari Patpedhi ]
Ltd., ].. Plaintiff.
V/s.
1. Anand Narayan Sawant and ]
others. ]..Defendants.
Advocate Mr. Umesh Desai for the plaintiff.
Advocate Mr. Ajit Hodge for defendant No.2.
Advocate Mr. Sachin Kadam for defendant No.3/State.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.09).
DATE : 18th FEBRUARY, 2022
ORDER
The Notice of Motion is taken out by defendant No.3 for
condonation of delay for filing written statement and accepting written
statement on record. There is delay of 200 days. After amendment, the
defendant was served on 20.05.2019. It is stated that the concerned
department did not give instructions within time, hence, written
statement could not be filed on record.
2. The Notice of Motion is objected by the plaintiff on the
ground that delay is in ordinate and the Court has no power to condone
the delay beyond 90 days for filing written statement.
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3. I have heard learned advocate for the defendant No.3 and
the plaintiff at length.
4. The record shows that there is delay of 200 days in filing
written statement. The defendant No.3 was added subsequently by
amending the title cause of the plaint. Defendant No.3 is the
Government Department and therefore in order to file written
statement, it has to follow certain process for getting certain
instructions from its office. Anyhow, it cannot be treated separately. So
far as objection that the Court cannot accept written statement after 90
days is not acceptable in order to adjudicate matter totally. It is
necessary to give an opportunity to defendant No.3 to file written
statement. Therefore, I am inclined to condone the delay for accepting
written statement subject to the payment of costs. Accordingly, I
proceed to pass the following order.
O R D E R
1. Notice of Motion No.281 of 2020 is allowed subject to
the payment of costs of Rs. 5,000/– by defendant No.3
to the plaintiff.
2. On payment of costs, written statement of defendant
No.3 be accepted for taking on record.
3. Notice of Motion No.281 of 2020 is disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date:18.02.2022 Gr.Mumbai.
Dictated on: 18.02.2022
Typed on : 18.02.2022
Signed on : 01.03.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
RE-UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01.03.2022 AT 2.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.09)
Date of Pronouncement of
Judgment/Order
18.02.2022
Judgment/Order signed by P.O. on 01.03.2022
Judgment/Order re-uploaded on 01.03.2022
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