Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 3072/22 in Summary Suit No. 237/19. 1 Order.
MHCC010091902022
Presented on : 23-08-2022
Registered on : 23-08-2022
Decided on : 14-11-2022
Duration : 0 years, 2 months, 22 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 3072 OF 2022
IN
SUMMARY SUIT NO. 237 OF 2019
Mr. Mani Subbayya Nadar )...Plaintiff
Versus
Mr. P. Kovilraj )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 14th NOVEMBER, 2022.
Shri. Santosh S. Jagtap, Advocate for the defendant.
Shri. S. S. Kharat, Advocate for the plaintiff.
ORDER
1. The plaintiff has taken out the notice of motion for
condonation of delay of 69 days in filing written statement and for
permission to file written statement on record.
2. Perused notice of motion and affidavit in reply filed by the
plaintiff. I have also gone through the suit proceedings. Heard learned
counsel Shri. Santosh Jagtap for the defendant and learned counsel
Shri. S. S. Kharat for the plaintiff.
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N/m No. 3072/22 in Summary Suit No. 237/19. 2 Order.
3. On perusal of the record, it appears that leave to defend
was granted subject to deposit of Rs.4,00,000/ as per order in S.J.No.
139/2019 passed on 16/12/2021. Subsequently, Hon'ble High Court
modified the said order in A.O.No. 344/2022 as per order dated
12/04/2022 and directed the defendant to deposit Rs.2,00,000/ within
30 days. Accordingly, the defendant deposited Rs.2,00,000/ in the
Court on 11/05/2022 as per xerox copy of receipt (Exh.B annexed with
the notice of motion). All these developments resulted into delay in
filing written statement on record. Considering all these attending
circumstances, delay in filing written statement can be condoned by
considering the fact that the defendant had assailed the order in S.J. in
appeal. Delay is not inordinate and it can be condone in the interest of
justice. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 3072/2022 is made absolute in terms of
prayer clauses (a) and (b) subject to cost of Rs.1,000/ payable to
the plaintiff or learned counsel for the plaintiff on or before the
next date of hearing.
2. Written statement be exhibited after payment of cost as above.
3. Proceeding of N/m No. 3072/2022 is closed.
(R.R.BHAGWAT)
Judge, City Civil Court,
(Court Room No.66)
Date : 14/11/2022. Mumbai.
1. Dictated on : 14/11/2022.
2. Transcribed on : 14/11/2022.
3. Signed on : 14/11/2022.
4. Delivered to Certified :
Copy Section on
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N/m No. 3072/22 in Summary Suit No. 237/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/11/2022. 3.23 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 14/11/2022.
Judgment/Order signed by P.O. on 14/11/2022.
Judgment/Order uploaded on 21/11/2022.
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