Smt. Sanju Kiran Shah +1 moreVsMrs. Trusha H. Bhagalia +2 more

Date: 16-01-2018
Business: Adv. Hina Mody for plaintiff present.
None present for the defendant.
Plaintiff files reply to NM 1889/17.
Plaintiff files NM.
Heard Ld. Counsel for the plaintiff.
The present Notice of Motion is taken out for returning written statement to the defendant as it was filed after 30 days without intimation to Court of its delayed filing.
Ld. Counsel vehemently argued that vide precipe the WS was filed beyond the period of 30 days. Ld. Counsel prays to return the written statement.  At the outset, for filing written statement within 30 days and further within 90 days with reasons to be recorded, is the procedural provision and is directory in nature. There is catena of judgments of Hon\''ble Supreme Court holding that in an advercial system the defendant is to be given opportunity to present his case. Even the written statements are accepted beyond the period of 90 days.
Nature Of Disposal: DISMISSED
Disposal Date: 16-01-2018

Main Case No: SUIT/0100597/2017
Main Cnr: MHCC010013592017
Main Filing No: 111447

Filing Number: 101004/2018
Filing Date: 17-01-2018
First Hearing Date: 16th January 2018
Decision Date: 16th January 2018
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT