Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 394/2020
MHCC010009392020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 394 OF 2020
IN
SUIT NO. 2923 OF 2018
Paul Sebastine ...Plaintiff
Vs.
Mathe Mathew ...Defendant
Appearance
Ms. Shweta Singh, learned Advocate for the plaintiff.
Ms. Reshma Ravi, learned Advocate for the defendant.
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 2nd March, 2023
O R D E R
This Notice of Motion is taken out by the defendant for
condonation of delay in filing written statement.
2. The motion is opposed by the plaintiff by reply filed at
Exh.5.
3. Heard the learned advocate for the plaintiff and learned
advocate for the defendant.
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2 NM 394/2020
4. It is the contention of the defendant that writ of summons
was served in July, 2019. Due to medical reason, the defendant was not
able to focus on the proceeding and follow up with lawyer. According
to defendant, there is delay of 71 days. The plaintiff resisted this motion
contending that suit summons was served on 16.07.2019. No sufficient
cause is explained by the defendant. The defendant has relied upon
some medical papers about the defendant's health. It is the contention
of the defendant that due to illhealth, it was not possible for the
defendant to follow up with the lawyer. It is also contention of the
defendant that after service of summons, whenever defendant appeared
to attend the hearing of the suit, either the board was discharged or
Court was on leave. It is rightly pointed out by the plaintiff that said
cannot be a ground to condone the delay. However, by considering the
reason of health stated by the defendant and also considering the age of
the defendant, I am of the view that the defendant shall be allowed to
file written statement by condoning the delay. If the suit summons is
served on 16.07.2019 the defendant was bound to file written
statement on or before 16.08.2019. Even by considering the period of
90 days the defendant was bound to file written statement on or before
16.10.2019. Notice of motion is filed on 23.01.2020. Considering the
reasons, I am of the view to allow the defendant to file written
statement however, it shall be subject to costs. Hence, I pass following
order:
O R D E R
1. Notice of Motion No.394/2020 is allowed subject to costs of
Rs.1,500/ (rupees one thousand five hundred only).
2. Delay in filing written statement by the defendant is condoned.
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3. Defendant is allowed to file written statement.
4. Costs shall be paid to the plaintiff on or before next date.
5. Notice of Motion No.394/2020 is disposed of accordingly.
Date : 02.03.2023 (Rajesh A. Sasne)
Dictated on : 02/03/2023. Judge, C.R.No.62,
transcribed on : 03/03/2023. City Civil Court,
Signed on : 06/03/2023. Mumbai.
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4 NM 394/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.03.2023 at 01.17 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. R.A. SASNE
(C.R.No.62)
Date of pronouncement of Order 02/03/2023
Order signed by P.O. on 06/03/2023
Order uploaded on 08/03/2023
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