Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No. 440-2020 IN Suit 115-2019
MHCC010011072020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER
BOMBAY
NOTICE OF MOTION NO. 440 OF 2020
IN
S. C. SUIT NO. 115 OF 2019
The Supreme Industries Limited ]
Having its registered office at 612, ]
Raheja Chambers, Nariman Point, ]
Mumbai-400 021. ]
Through its Authorized Representative]
Mr. Raju Kedar Prasad. ] .. Plaintiff
Versus
Mr. Jayanta Das ]
Aged: 43 years, Indian Inhabitant, ]
35 T, Radha Madhav Dutta Garden ]
Lane, Kolkatta-700 010 ] .. Defendant
Appearances :-
Ld. Adv. Sachin Joshi for the plaintiff.
Ld. Adv. Sushant D. Patil for defendant.
CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 20/04/2024
ORDER
The present notice of motion has taken out by the
defendant for claiming reliefs inter alia:-
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a) To condone the delay of 52 days or any other day delay in filing
the written statement of the defendant, as the defendant filed
Vakalatnama through Advocate only on 09/08/2019;
b) To take the written statement on record;
c) Interim and ad-interim reliefs in terms of prayer (a) and (b)
above;
d) Any such and further reliefs as the Court may deem fit and
necessary.
2. In affidavit in support, the defendant has contended that,
after service of the suit summons, the defendant could not file the
written statement within stipulated time and thus delay of 52 days is
caused in filing this notice of motion. He further contended that he is
layman and does not aware of the procedure and he is residing at
Kolkatta. He discussed with his advocate at his native place, but he
informed him that he has to engage the advocate at this place only.
Thereafter, he engaged an advocate from Mumbai and filed his
appearance. It is also contended that the delay is not intentional and
now he wants to fight out the case on merits and seeking condonation
of delay with permission to file written statement. Hence, this motion.
3. The plaintiff has opposed the motion on the ground that
the delay is intentional and unexplained. The defendant has not shown
any sufficient cause why he has not filed his written statement within
stipulated time. Hence, the plaintiff prays to dismiss the motion.
4. Perused the notice of motion, reply and documents. Heard
both sides.
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5. It is seen that the defendant is not permanently resident of
Mumbai and for engaging the advocate at Mumbai by coming from
Kolkatta, delay is caused. It appears that now the defendant wants to
set up his defence and to fight out the matter on merit and for that
purpose, he is seeking condonation of delay in filing his written
statement on record. It is well settled that while dealing with the issue
regarding condonation of delay, the Court has to adopt liberal approach
with a view for giving fair opportunity to the party to set up his defence.
Considering this aspect, the delay needs to be condoned for filing
written statement. Hence, I proceed to pass following order:-
ORDER
1. The Notice of Motion No.440 of 2020 is hereby allowed in
terms of prayer Clause (a) and (b) subject to costs of
Rs. 3,000/- payable to the plaintiff within one month from the
date of this order.
2. After the payment of costs, the written statement be taken on
record.
3. The copy of the written statement be served to the plaintiff.
4. The Notice of Motion No.440 of 2020 stands disposed of
accordingly.
(Smt. Anita B. Sharma,)
Judge,
City Civil Court, Greater Bombay
Dated : 20/04/2024 C.R. No.03
Dictated on : 20/04/2024
Typed on : 22/04/2024
Signed on : 23/04/2024
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“Certified to be true and correct copy of the original signed order”.
23/04/2024
at about 5.34 p.m.
(Dastagir Babalal Mulla)
Stenographer Grade-I (Gazetted)
Court Room No.03, Gr. Bombay
Name of the Hon'ble Judge : Smt. Anita B. Sharma,
Judge, Bombay City Civil Court &
Addl. Sessions Judge,
Court Room No.03, Gr. Bombay
Date of pronouncement of
Order
: 20/04/2024
Order signed by Hon'ble13 pt
Judge on
: 23/04/2024
Order uploaded on : 23/04/2024
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