Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 474 OF 2020
IN
SC SUIT NO.293 OF 2016
(C.N.R.No.MHCC01-001179-2020)
Smt. Sulochana Ganesh Pevekar ] …. Plaintiff.
V/s.
Smt. Mangala Vijay Bhosale & Ors. ] ..Defendants.
Appearance :
Learned Adv. Mr. Himanshu Takke for the plaintiff.
Learned Adv. Mr. Vighnesh Kamat for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI. V. S. KHOT
(C.R.NO.09)
DATE : 10th JULY, 2024
ORAL ORDER
1. This Notice of Motion is taken for condoning the delay of
300 days in filing written statement.
2. The defendant No.1 contended that she could not file the
written statement within the stipulated period. She is unaware about
the provisions of law. She is a housewife and staying in miserable
condition. She is financially unstable. She is not well educated and
having no money to pay the fees of advocate. The Court has passed the
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order on 26.03.2019 and directed that the proceedings be taken
without her reply/written statement. She is having a good case on
merits and if, the order dated 26.03.2019 is not recalled then, she will
be prejudiced to great extent. She prays for recalling the order dated
26.03.2019 and condoning the delay in filing written statement.
3. The say of other side came be to invited. The other side
submitted that the reasons submitted in filing written statement is
totally false and based on misleading grounds. The defendant No.1 is
misleading the Court on flimsy grounds. The ignorance of law is no
excuse and reasons mentioned are not proper. The defendant No.4 is
trying to mislead the Court. There is no cause of action for her to file
this Notice of Motion. Notice of Motion is baseless and liable to be
rejected with heavy costs.
4. The perusal of the case papers and submission of both the
counsels, make it clear that the Court has passed the ‘No WS order’ on
26.03.2019 as defendant No.1 failed to file her written statement within
90 days. The defendant No.1 has mentioned the reasons of poverty and
ignorance of law. The other side strongly objected to the reason. There
are contentions against contentions. One thing is clear that, it is the civil
law that each party should be given an equal chance to contest the
litigation, otherwise, there would be failure of justice. The defendant
No.1 is required to be given a chance to submit her say otherwise there
would be inchoate adjudication which is undesirable. If, defendant No.1
is allowed to file the written statement then, no prejudice would be
occasioned to other side. It is true that there is some delay on the part
of the defendant No.1 to file her written statement but the delay can be
compensated in terms of money. There would no prejudice in any way
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to plaintiff because the plaintiff can lead the evidence or file the
appropriate material before the Court against the defence of the
defendant No.1. So, I am of the view that defendant No.1 should be
allowed to file the written statement. Moreover, the delay of 10 months
can not be said to be a huge delay. As regards the costs, I am of the view
that costs of Rs.1,000/- would be just sufficient to meet the ends of
justice. Having regards to the above said reasons, I am inclined to pass
following order :
O R D E R
1. Notice of Motion No. 474 of 2020 in Suit No.293
of 2016 is hereby allowed.
2. The delay in filing written statement is hereby
condoned and written statement of defendant No.1
be taken on record.
3. The defendant No.1 to pay the costs of Rs.1,000/-
and payment of cost would be condition
precedent for taking the written statement on record.
4. Notice of Motion stands disposed off accordingly.
(V. S. KHOT)
Judge,
City Civil Court,
Date: 10.07.2024 Gr. Bombay.
Dictated on : 10.07.2024
Transcribed on : 10.07.2024
Signed on : 13.07.2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/07/2024 At 04.50 P.M. Ms. Manisha D. Hirole
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. V. S. KHOT
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
10.07.2024
Judgment/Order signed by P.O. on 13.07.2024
Judgment/Order uploaded on 13.07.2024
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