Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 317/2018 SUIT 1659/2017 1
CNR.NO. MHCC010012522018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.317 of 2018
IN
SUIT NO.1659 OF 2017
Dena Bank . .. Plaintiff
Versu
Dilip R Yadav .. .. Defendant
Advocate Shri.Ramesan for Plaintiff.
Advocate Shri.Lawan for Defendant.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
CR no. : 32
Date : 27th August 2018
ORDER
1. Defendant taken out this notice of motion for condonation of
delay of 72 days in filing written statement.
2. It is the contention of the defendant that the plaintiff bank has
already recovered more than 37 lakhs from the defendant towards the
repayment of the outstanding amount .As per the oral talk with the
manager of the plaintiff bank , he had expressed his desire to discharge
the remaining part of the liability but plaintiff bank instead of clearing
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NM 317/2018 SUIT 1659/2017 2
the NPA account divided all the repayment amount equally in all 3
accounts loan repayment and declared all the 3 bank accounts of the
defendants as a NPA. Defendant had given instruction to his advocate
for preparation of written statement but since defendant was at his
native place as his mother in law was expired, therefore, he could not
file the written statement within time, hence, delay has been caused.
3. Plaintiff filed the reply. Defendant not explained the delay ,
hence, delay cannot be condoned.
4. Heard learned advocate Shri.Ramesan for plaintiff bank and
advocate Shri.Lawan for defendant.
5. Order 8 Rule 1 of Civil Procedure Code is procedural and
directory in nature. Basic object of incorporation of order 8 Rule 1 is to
curb mischief laid by unscrupulous litigants who caused delay in
disposal of cases. Departure from time schedule is permissible in case
when it is required to prevent injustice to the other side.
6. Considering the nature of the suit, delay is condoned by imposing
cost of Rs.1500/ be deposited to the DLSA and allowed the defendant
to put their written statement on record then that will be justifiable,
hence, I pass the following order.
ORDER
1. Notice of Motion no. 317/2018 is made
absolute subject to cost of Rs.1500/(Rs.One
Thousand Five Hundred only) be deposited to
DLSA on or before next date.
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NM 317/2018 SUIT 1659/2017 3
2. After compliance of the order, written statement of
the defendant be taken on record.
Date : 27/08/2018 (Pushpa N. Rao)
Ad.Hoc Dist.Judge
Bombay City Civil Court
Greater Mumbai
Direct typed on computer : 27/08/2018
Signed by HHJ on : 27/08/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIG
JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
31/08/2018 at ( 5.45p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room No.) HHJ Smt. Pushpa N. Rao
(Court Room no.32)
Date of Pronouncement of JUDGMENT/ORDER 27/08/2018
JUDGMENT/ORDER signed by P.O.on 27/08/2018
JUDGMENT/ ORDER uploaded on 31/08/2018
.
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