Final Order 1

Order Details: Notice of Motion
Pdf Text: Order in Notice of Motion
No. 623 of 2020. 1
MHCC010016502020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 623 OF 2020.
IN
SHORT CAUSE SUIT No.2691 of 2019.
New Asha Nagar C.H.S. Ltd. ….Defendant No.1/
Applicant.
In the matter of
Mr. Navin Shantilal Dedhia and Anr. … Plaintiffs.
V/s.
1. New Asha Nagar C.H.S. Ltd. and Ors ...Defendants.
Appearance:
Adv.Mr. Karan Choudhari for Plaintiffs.
Adv. Mr. Jagdish Mali for Defendants.
CORAM : SHRI. S. B. PAWAR.
JUDGE, (C.R.No.59)
DATE : 06th February, 2023.
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Order in Notice of Motion
No. 623 of 2020. 2
ORDER
Defendant No.1Society has taken out the present Notice of
Motion with a prayer to condone delay of 63 days in filing written
statement and to take on record its written statement.
2. Despite of giving sufficient opportunity, plaintiffs failed to
file reply to the Notice of Motion.
3. Heard Ld. advocates appearing for both the parties.
Perused the Notice of Motion and supporting affidavit as well as the
record of the suit. It is contended that there is delay of 63 days in filing
written statement of defendant No.1. The reason for delay is stated that
the society was under redevelopment process and members were
residing at their respective addresses, which are far away from each
other. It is further contended that due to change in the address of
committee members, it was difficult for the deponent to arrange the
necessary documents. It is also averred that deponent is a senior citizen.
Chairman as well as other members are also senior citizens and
therefore, there is delay in filing written statement.
4. In absence of any affidavit in reply, the statements made on
oath in the supporting affidavit have remained uncontroverted. These
are sufficient to condone delay in the present case. Therefore, I pass
following order :
ORDER
1. Notice of Motion No. 623 of 2020 is made absolute in
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Order in Notice of Motion
No. 623 of 2020. 3
terms of prayer clause (a) and (b).
2. Notice of Motion No. 623 of 2020 is disposed off
accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:06.02.2023 Greater Bombay (CR 59)
Declared on : 06.02.2023
Dictated on : 06.02.2023.
Transcribed on : 12.02.2023
Checked on :15.02.2023
Signed on :16.02.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.02.2023 at 2.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 06.02.2023
Order signed by P.O. on 16.02.2023
order uploaded on 16.02.2023
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