Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.384 of 2018
CNR No.MHCC010015182018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.384 OF 2018
IN
SUIT NO.568 OF 2017
Abhyankar Brother and Ors. .. Plaintiffs.
Versus
M/s. Rebuilt and Ors. .. Defendants
And
Sandeep Vinay Godbole .. Applicant/
Defendant no. 3.
Appearance :
Ld. Advocate Hetal Gala for plaintiffs.
Ld. Advocate Ayodhay Patki for defendant no. 3.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 27.11.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 3 for
condoning the delay in filing the written statement and for permitting
them to file their written statement.
2. Counsel for defendant submitted that defendant had received
the writ of summons on 10.08.2017. But due to some personal difficulty
he had failed to attend the court on 13.09.2017. He further submitted
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: 2 : Notice of Motion No.384 of 2018
that demise of elder brother of defendant he could not instruct his
advocate in time to appear the court. He submitted that the delay is not
intentional and prayed to allow the motion. Counsel for Plaintiffs did
not file their reply and orally argued and submitted that the delay is
made to protract the proceedings and prayed to reject the motion. In
alternative they prayed to impose cost to allow the motion.
3. Heard both the parties. Perused the material on record.
4. Upon considering the hearing it is apparent that there is delay
in filing the written statement. The delay does not appears to be
intentional. In the interest of justice delay can be condoned and
defendant can be granted opportunity to file the written statement by
imposing costs. Considering this I accordingly pass the following order.
: ORDER :
1. Notice of Motion No. 384 of 2018 is allowed in terms of
prayer clause (a) and (b) subject to cost of Rs. 1,000/.
2. Cost be paid to plaintiff on or before next date.
3. After the cost is paid written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 27.11.2018 Gr. Mumbai
Dictated on : 27.11.2018
Transcribed on : 27.11.2018
Signed on : 27.11.2018
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: 3 : Notice of Motion No.384 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 28.11.2018 at 3.02 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
27.11.2018
JUDGMENT/ORDER signed by P.O. on 27.11.2018
JUDGMENT/ORDER uploaded on 28.11.2018
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