Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: NM 53719 IN L.C.SU 205517
CNR NO.MHCC01-001388-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.537 OF 2019
IN
L.C. SUIT NO.2055 OF 2017
SHREE TRIVENI BATESHWAR MANDIR SEVA SAMITI ]...Plaintiffs.
Versus
1. THE MUNICIPAL CORPORATION OF GREATER ]
MUMBAI. ]...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 25th April, 2019.
Mr. Barge, Advocate for plaintiff.
Mr. A. R. Singh, Advocate for Defendant/ MCGM.
O R D E R
1. By this Notice of Motion the defendant Corporation has prayed
for condoning the delay to take out the Notice of Motion, to further
condon the delay of 358 days caused in filing the written statement and
to permit defendant Corporation to file the written statement.
2. In brief, defendant's case is that it is statutory and public body. It
is a vast Organization and due to heavy work load could not file written
statement in prescribed time. The defendant Corporation was served
with writ of summons on 7.10.2017. The Affidavit of reply along with
List of documents was filed on 14.9.2017. The Notice of Motion was
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pending and was decided on 25.9.2017. Thereafter, the matter was
adjourned for filing written statement. Considering the heavy work load,
the Officer could not give instructions to the newly appointed Advocate.
The time was also taken by the concerned Officer of the defendant
Corporation to approve the written statement. The Administrative
difficulties caused delay in filing the written statement. The delay is
neither intentional nor deliberate. The filing of written statement by the
defendant is necessary else, defendant will suffer irreparable loss.
2. The plaintiff has opposed the Notice of Motion contending that the
defendant Corporation has come with a false reason. It should have filed
the written statement within the prescribed period of 30 days. However,
defendant has failed and neglected to file written statement in time
without any sufficient cause or reason. In absence of proper explanation
or sufficient reason, the defendant could not be allowed to file written
statement, the reasons stated in the Notice of Motion are not proper to
explain the inordinate delay of 358 days in filing the written statement.
3. Perused. Heard.
4. It is an admitted fact that the defendant is a Corporation having
multifarious duty. It is also an admitted position that the Notice of
Motion taken out by the plaintiff was pending and the reply to the Notice
of Motion is promptly filled by defendant Corporation. The Notice of
Motion was taken out by the plaintiff was made absolute on 25.9.2017.
Thereafter, time to time the case was adjourned for filing written
statement. On 11.10.2018 the case was adjourned for passing no written
statement order and on the very next date present Notice of Motion is
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taken out by the defendant Corporation.
5. Considering the fact that this Court has granted time to file written
statement till 31.10.2018, it can very well said that defendant is entitled
to file written statement on 31.10.2018, the date on which the present
Notice of Motion is taken out.
6. The Administrative difficulties faced by the defendant Corporation
also cannot be overlooked. The delay caused in filing written statement
does not appear to be deliberate or intentional as reply to the Notice of
Motion was promptly filed by defendant Corporation. In such
circumstances, I find that defendant Corporation can very well be
allowed to file written statement. At the same time the delay caused
needs to be compensated by the defendant. In view of this, I pass the
following order:
ORDER
1. Notice of Motion No.537/19 is made absolute in terms of prayer
Clause (a) and (b) subject to cost of Rs.1000/ payable to the
plaintiff.
2. Defendant to file written statement on or before next date.
Sd/
(A.N. MARE)
Judge,
25/04/2019 City Civil Court, Mumbai.
Dictated On : 25.04.2019
Transcribed on : 25.04.2019
HHJ Signed on : 25.04.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
26.04.2019 11.25 a.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
25.04.2019
JUDGEMENT /ORDER signed by
P.O. on
25.04.2019
JUDGEMENT /ORDER uploaded
on
26.04.2019
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