Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.681 of 2019 1 Suit No. 1604/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.681 of 2019.
IN
SUIT NO.1604 of 2019.
(CNR No. MHCC010017762019)
Byram P. Shroff and Ors. ... Plaintiffs
V/s.
Central Bank of India and Ors. 1 .. Defendants
CORAM : HIS HONOUR JUDGE
SHRI. GOPAL G. BHANSALI.
(C.R. NO.31)
DATE : 24.04.2019.
APPEEARANCE.
Mr. Sheroy, Advocate for plaintiff.
Mr. Siddharth Chandrashekhar, Advocate for Defendants.
ORAL ORDER
This is a notice of motion taken out by defendants no.3 and
4 to set aside the order of this Court dated 06.03.2017 and requested to
submit the written statement. The learned advocate Siddharth for
defendants no.3 and 4 requested for reply filed by defendants no.3 and
4 in notice of motion no.2880 of 2016 on 03.02.2017 be treated as
written statement.
2. Perused the reply submitted by plaintiffs. The learned
advocate Sheroy for plaintiff strongly resisted the motion. He relied the
case laws of Atcom Technologies Limited v/s. Y.A.Chunawala and
Co. and Ors in MANU/SC/0508/2018 and Kailash v/s. Nanhku and
Ors.MANU/SC/0264/2005, wherein importance of amended the Code
of Civil Procedure and the schedule given in Order 8 Rule 1 of the Code
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Notice of Motion No.681 of 2019 2 Suit No. 1604/2019
of Civil Procedure is discussed. Admittedly, the amendment in the Code
of Civil Procedure in the year 2002 is sought to expedite hearing and
restricted the delay tactics.
3. However, it is observed in various case laws that schedule
prescribed in Order 8 of the Code of Civil Procedure is directory and not
mandatory. Considering all facts in total, the order of this Court dated
06.03.2017 is set aside subject to costs of Rs.10,000/(Rs. Ten
Thousand Only) be paid to the plaintiff on or before next date.
4. Upon depositing aforesaid costs, defendants no.3 and 4 to
mention before this Court to exhibit reply dated 03.12.2017 filed in
Notice of Motion No. 2880 of 2016 be mark as 'written statement'.
5. Accordingly, the Notice of Motion No.681 of 2019 is
disposed of accordingly.
(Gopal G.Bhansali )
Judge,
Date:24.04.2019. City Civil Court, Gr.Mumbai.
Dictated on : 24.04.2019.
Transcribed on : 24.04.2019.
Signed on :
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Notice of Motion No.681 of 2019 3 Suit No. 1604/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
06.06.2019 at03.15m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.31)
Date of pronouncement of Order 24.04.2019
Order signed by P.O. on 24.04.2019
Order uploaded on 06.06.2019
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