Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.427 OF 2020
IN
COMMERCIAL SUIT NO.189 OF 2019
Mr.Manoj Dhanji Solanki ... Plaintif
V/s
Mr.Rustom Nanabhoy Jeejeebhoy ....Defendant
APPEARANCE:-
Advocate Bijaliwala for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE :3rd February, 2020
Defendant taken out Notice of Motion on the ground
that defendant wants to take inspection of documents
and accordingly he was ofered to inspect the document
by the plaintif. However, date of inspection was not
provided by the plaintif to him and therefore, he is
unable to inspect the document in full and free. It is
further submitted that he was sent letter to the plaintif
for inspection of document. However, one and the
another reason failed to inspect the document and order
dated 06.01.2020 was passed against him. It is submitted
that there is delay for fling written statement for the
period of 17 days but the said delay is not intentional.
Lastly, it is prayed that the defendant wanted to tender
his defense by way of written statement. He may be
granted permission to fle written statement on record.
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Plaintif opposed Notice of Motion by fling written
reply. It is contended by plaintif that the delay is not
explained and the delay is deliberate, inspection was
complete. Lastly, it is submitted that Notice of Motion
may kindly be dismissed with costs.
After hearing Ld. counsel for both sides I drew my
attention towards record as per afdavit of service writ of
summons is executed to the defendant on 21.11.2019.
Thereafter, defendant appeared in the court and tendered
vakalatnama on 09.12.2019. However, failed to fle
written statement on 06.01.2020 and therefore, no
written statement order was passed against the
defendant. Admittedly, as pointed out by defendant in the
Notice of Motion delay has been caused for fling written
statement but the defendant has fled Notice of Motion @
written statement within the period of limitation i.e.120
days. As per O.VIII R.1 of CPC in commercial suit time can
be extended for fling written statement for 120 days.
Defendant has fled written statement within 120 days.
Defendant raised ground that in spite of several
correspondence to the plaintif he failed to fx suitable
date for inspection of documents and this ground is not
seriously challenged by the plaintif, delay is not huge one
and properly explained by defendant. In view of above
facts and circumstances, I come to conclusion that
opportunity be given to the defendant to contest the suit
by fling written statement. Hence, I proceed to pass
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following order.
ORDER
Notice of Motion No.42 of 2020 is made absolute in terms
of prayer clause (a),(b) and (c).
Date:-03/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 03/02/2020
Typed on :- 03/02/2020
H.H.J.Signed on :- 03/02/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
03/02/2020
JUDGMENT/ORDER signed by P.O. on 03/02/2020
JUDGMENT/ORDER uploaded on 03/02/2020
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