Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Suit No. 2317-18
...Order in NM No. 443-20
MHCC010010942020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 443 OF 2020
IN
SUIT NO. 2317 OF 2018
Aftab Mohammed Jamil Hakim ]….Plaintiff
V/s.
Deputy District Collector (I & R),
Greater Mumbai. ]....Defendant
Appearances :
None for plaintiff.
Learned Adv. Sachin Kadam for defendant/State.
CORAM : HER HONOUR JUDGE
SMT. A. V. KASTURE
(C.R.NO.09)
DATE : 30th JANUARY, 2025
ORDER
1. This is the notice of motion taken out by the defendant for
condoning the delay in filing WS and to permit him to file WS on
record.
2. According to the defendant, copy of plaint was served upon
them on 04.09.2018 vide letter dated 03.09.2018. Immediately, after
receipt of the said letter, they forwarded copy of it to the office of
Government pleader. Thereafter, they filed the affidavit dated
07.09.2018 to oppose the ad-interim relief. The plaintiff has not served
the writ of summons upon the defendant till date. Therefore, the
defendant was under bonafide belief that WS is required to be filed
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2 Suit No. 2317-18
...Order in NM No. 443-20
after receipt of writ of summons. Therefore, there is delay of 300 days
in filing WS. The said delay is neither deliberate nor intentional. They
have very good case on merit, therefore, requested to condone the delay
and made the notice of motion absolute.
3. The plaintiff failed to file the reply on the notice of motion,
hence, the notice of motion proceeded without his reply.
4. Perused the notice of motion and the record. It reveals from
the record that the defendant have appeared in the present matter and
also opposed the ad-interim relief prayed by the plaintiff by filing their
affidavit in reply. It is also fact on record that the summons has not been
served upon the defendant as stated by them and therefore, under
bonafide belief, they could not file their WS within limitation. If the
defendant is allowed to file their WS on record, it would be helpful for
deciding the matter on merit. Hence, I am inclined to pass the following
order :
ORDER
1. The Notice of Motion No. 443 of 2020 in Suit No. 2317 of 2018 is
hereby allowed in terms of prayer clause (a).
2. The defendant to file their WS on record on next date without fail
if not filed along with Notice of Motion.
3. The Notice of Motion is disposed of accordingly.
(A. V. Kasture)
Judge,
City Civil Court,
Date: 30.01.2025 Gr. Bombay.
Dictated & Transcribed on : 30.01.2025 & 03.02.2025.
Signed on : 04.02.2025.
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3 Suit No. 2317-18
...Order in NM No. 443-20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.02.2025 At 1.15 P.M. Mrs. Poonam Y. Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SMT. A. V. KASTURE
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
30.01.2025
Judgment/Order signed by P.O. on 04.02.2025
Judgment/Order uploaded on 04.02.2025
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