Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 Draft NM in SCSU 35218
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
DRAFT NOTICE OF MOTION
IN
S.C.SUIT NO.352 OF 2018
(CNR No. MHCC010016122018)
Shreya Santosh Dalvi & Anr. }...PLAINTIFF.
Versus
Vinayak Ravindra Parab & Ors. }...DEFENDANTS.
Shri.Redekar, learned advocate for the plaintiff.
Shri.Paranjpe, learned advocate for the defendant No.1.
Shri Khatu, learned advocate for the defendant No.2.
Shri Sneha Prabhu, learned advocate for the defendant No.3.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 26/02/2019)
1. This draft Notice of Motion is taken out by defendant No.2
seeking condontion of delay of 242 days caused in filing Written
Statement. Leave to register Notice of Motion is granted. Read the
affidavit filed in support of draft Notice of Motion and reply filed by
learned advocate for the plaintiff. By consent, the draft Notice of Motion
is taken up for consideration finally.
2. Learned advocate for defendant No.2 argued that Written
Statement could not be prepared & filed in court within statutory period
as defendant No.2 was busy in other matters for obtaining various
sanctions & approvals from various Government Authorities and
defendant No.2 was dealing with number of litigations which are filed
against defendant No.2 & there is no intentional delay on part of
defendant No.2 in not filing Written Statement within statutory period
due to which, it is necessary to condone the delay & allow the
defendant No.2 to file written statement.
3. As against this, learned advocate for plaintiff vehemently
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2 Draft NM in SCSU 35218
opposed the prayer by submitting that any just reason is not mentioned
to condone the delay hence, the prayer made cannot be accepted. He
alternatively submitted to impose cost of Rs.5,000/ on defendant No.2
if the court is inclined to condone the delay.
4. Defendant No.2 has not produced any supporting material
to show that defendant No.2 was busy in other matters as is mentioned
in the affidavit filed in support of draft Notice of Motion. However, it
does not appear that there is deliberate & intentional delay on the part
of defendant No.2 in filing written statement hence, liberal approach
can be taken for accepting the prayer made for condonation of delay.
Admittedly, there is delay of 242 days in filing written statement by
defendant No.2 due to which, while accepting the prayer of defendant
No.2, it would be just to impose certain costs on defendant No.2 as it
appears from the alternative argument of learned advocate for the
plaintiff that plaintiff has no objection to condone the delay by imposing
costs on defendant No.2. To my mind, interest of justice will be
protected if defendant No.2 is directed to pay cost of Rs.2,500/ to the
plaintiff while accepting the prayer. Hence, an order.
O R D E R
Draft Notice of Notion of defendant No.2 is allowed in
terms of prayer clause(a) subject to cost of Rs.2,500/ (Rs. Two
Thousand Five Hundred).
The amount of cost shall be paid on or before next date to
the plaintiff failing which, this Notice of Motion shall be deemed
to have been rejected.
Notice of motion be got registered for statistical purposes.
Date: 26/02/2019 (P.P.RAJVAIDYA)
Dictated on : 26/02/2019. Judge, C.R.No.12,
Transcribed on : 28/02/2019. City Civil Court,
Checked on : 01/03/2019. Gr. Bombay.
Signed on : 01/03/2019.
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3 Draft NM in SCSU 35218
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
01/03/2019 at 11.30 a.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 26/02/2019
Order signed by P.O. on 01/03/2019
Order uploaded on 01/03/2019
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