Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.3062020 IN SUIT No.249219
MHCC010007492020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 306 OF 2020
IN
SUIT NO. 2492 OF 2019
Mr. Bhushankumar Bhimrao
Bhiwandkar and Another ] ...Plaintiffs.
Versus
The State of Maharashtra and Others ]…Defendants.
Appearance:
Ld. Advocate Gaurav for plaintiff.
Ld. Advocate Abhishekh Chaturvedi for defendant no.3.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 8/7/2022
ORAL ORDER
1) Defendant No.3 has taken out present Notice of Motion for
condonation of delay for filing its written statement and for taking its
written statement on record.
2) Perused the notice of motion, affidavit in support of notice of
motion, affidavit in reply of plaintiff and record. Heard arguments advanced
by Ld Advocate for defendant No.3 and Ld Advocate for plaintiff.
3) From the record it reveals that plaintiff has not disputed the
date of service of writ of summons i.e. 18/9/19 and the fact that defendant
No.3 is a housing society. Defendant No.3 has taken out present notice of
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2 NM No.188021 IN SUIT No.337219
motion on 14/1/20. Admittedly, defendant No.3 is housing society. There is
nothing on record so as to disbelieve the cause stated in the affidavit in
support of notice of motion for delay in filing written statement. Therefore,
from the affidavit in support of notice of motion it appears that defendant
No.3 has demonstrated just and exceptional cause for non tendering its
written statement earlier and there appear just and exceptional cause for
non filing of written statement and condonation of delay in filing written
statement. The delay is also not inordinate.
4) Considering the matter on record and above discussion in order
to give fair opportunity to defendant No.3 to defend the suit in the interest
of justice present notice of motion deserves to be made absolute. Hence,
court proceeds to pass the following order:
ORDER
1) Notice of Motion No.306 of 2020 is made absolute.
2) Written Statement of defendant No.3 be taken on record if tendered on
or before next date.
3) Notice of Motion No.306 of 2020 is disposed off accordingly.
Date : 8/7/2022 (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated & typed on :8/7/2022.
Checked on :11/7/2022.
Corrected & signed on :12/7/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12/7/2022 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
8/7/2022.
JUDGMENT/ORDER signed by P.O.
on
12/7/2022
JUDGMENT/ORDER uploaded on 12/7/2022
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