Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 598-19 in Suit No. 1389-16
CNR NO.MHCC0100153219
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 598 OF 2019
IN
L.C. SUIT NO. 1389 OF 2016
Mr. Sayed Hussain Sayed Rahim Kalim ......Plaintiff
V/s.
Brihan Mumbai Municipal Corporation
Through Assistant Municipal Corporation & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 16th September, 2019
Appearance:
Ld. Adv. Mr. Ansari for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
Ld. Adv. Mr. Kumbhar for defendant No.3
ORDER
1. The defendant No. 3 by this Notice of Motion seeks permission to
file Written Statement. The defendant No. 3 was added as party
defendant to the suit vide order dated 22.11.2016 on Chamber
Summons No. 1325/2016.
2. Heard Learned Advocate for defendant No.3, Learned Advocate
for the plaintiff and Learned Advocate for the defendant corporation.
3. The defendant No. 3 had filed say to the Notice of Motion and
had contested the notice of motion, since then the written statement is
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2 NM 598-19 in Suit No. 1389-16
not filed. It is contended that the earlier Advocate was not interested to
conduct the case and the defendant no. 3 had contacted the Advocate to
file the written statement. The written statement, therefore, could not
be filed. The defendant No. 3 now seeks permission to file the written
statement.
4. The plaintiff had objected the notice of motion, pointing out that
there is delay of near about 2 years in filing the written statement.
The reason that the earlier Advocate had not filed the written
statement inspite of request of the plaintiff, is not convincing. The
plaintiff had not made any just ground for permitting him to file written
statement at belated stage. The Notice of Motion, therefore, cannot be
considered and is dismissed.
In the result, following order is passed.
ORDER
The Notice of Motion No. 598/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 16.09.2019 City Civil Court, Mumbai.
Dictated on : 16.09.2019
Transcribed on : 16.09.2019
Signed by HHJ on : 21.09.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 21.09.2019 at 5.57 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
16.09.2019
JUDGMENT/ORDER signed by
P.O. on
21.09.2019
JUDGMENT/ORDER uploaded
on
21.09.2019
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