Final Order 1

Order Details: Notice of Motion
Pdf Text: Order on
Notice of Motion No.651 of 2020 1
MHCC010018482020
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
NOTICE OF MOTION NO.651 OF 2020.
IN
SHORT CAUSE SUIT NO.1476 OF 2019.
Ansul J. Doshi. ...Applicant/
Defendant.
In the matter of
Mithal Kailashkumar Kothari … Plaintiff.
V/s.
Ansul J. Doshi ...Defendant.
Appearances :
Adv. Jay Gala for plaintiff.
Adv. Ganesh Murthi for defendant.
Coram : Shri. U. C. Deshmukh.
Judge.
C. R. No. : 59.
Date : 20/06/2023.
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Order on
Notice of Motion No.651 of 2020 2
ORAL ORDER
This Notice of Motion is moved by the defendant to
set aside 'no written statement' order dated 06.11.2019.
2. It is contention of the Ld. advocate for the defendant that
the defendant was ready with written statement on 07.10.2019 and his
advocate had about to file on record on 06.11.2019. However, on
06.11.2019 his advocate could not appear before the Court due to his
illness. Hence, the defendant came to know that the Court has passed
impugned order on 06.11.2019. The defendant is ready to file written
statement and it is necessary in the interest of the justice to permit the
defendant to file written statement. Hence, prayed to allow the Notice
of Motion.
3. The plaintiff has filed reply affidavit in support of Notice of
Motion. It is his contention that the defendant has served with Writ of
Summons on 05.07.2019. However, he purposely waited to file written
statement to delay the matter. Hence, prayed to reject the Notice of
Motion. It is avernment of the Ld. advocate for the defendant to decide
the matter on merit, it is just and proper to allow the Notice of Motion.
The plaintiff has also alternatively prayed that if the Court allow the
Notice of Motion, then it be allowed on the cost. Considering the delay
caused to file written statement and contrary avernment made by both
the parties, it would be just and proper to allow the Notice of Motion on
costs of Rs. 500/. Hence, following order order is passed:
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Order on
Notice of Motion No.651 of 2020 3
ORDER
1. Notice of Motion No. 651 of 2020 is allowed in terms of
prayer clause (a) and (b).
2. The defendant to pay the cost of Rs.500/(Rs. Five
Hundred only) to the plaintiff within a month from the
date of this order.
3. On payment of aforesaid cost, the written statement filed
by the defendant be taken on record.
4. Notice of Motion No. 651 of2020 is disposed off according.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:20.06.2023 Greater Bombay (CR 59)
Declared on : 20.06.2023
Dictated on : 20.06.2023
Transcribed on : 21.06.2023
Checked on :21.06.2023
Signed on : 22.06.2023.
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Order on
Notice of Motion No.651 of 2020 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.06.2023 at 11.30 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 20.06.2023
Order signed by P.O. on 22.06.2023
order uploaded on 23.06.2023
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