Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.716 OF 2019
IN
L.C.SUIT NO.2199 OF 2016
(CNR MHCC01 0018942019)
Shri Tejkumar M.Dixit )...Plaintiff
Versus
Municipal Corporation of Greater Mumbai )...Defendants.
Appearance:
Ld. advocate Mr.Pankaj Shah for plaintiff.
Ld. advocate Mr. Sutar for MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 23rd OCTOBER, 2019.
(C.R.No.06)
O R D E R
This notice of motion is taken out by the defendant Municipal
Corporation for permitting to file their written statement on record.
Read the present notice of motion. Heard learned counsel on behalf of
both the sides. Perused the record.
2. Smt.Jayshree Bhojane, employee of the defendant
Municipal Corporation has filed her affidavit in support of this notice of
motion. The learned counsel on behalf of the defendant Municipal
Corporation has submitted that Corporation is a public body and a vast
organization and due to heavy workload and shortage of staff, so many
litigation are pending against the Corporation in Court of law.
Sometimes concerned officer are not available due to transfer of
-- 1 of 4 --
2
concern officers as well as the transfer of advocates/Asst. Law Officer
and the paper are not traceable in bulky work load on M.C.G.M. Due to
this reason, delay causes for filing written statement and it is not
intentionally. Therefore, defendant Municipal Corporation could not file
its written statement within stipulated time. He has further submitted
that defendants have very good case and unless these defendants can
file the written statement the same cannot be pointed out to the court.
On these grounds, the learned counsel on behalf of defendants
submitted that it be allowed to the defendant/Corporation for filing
written statement.
3. The learned advocate on behalf of the plaintiff has
submitted that the reasons mentioned in the present notice of motion
and evidence of affidavit of employee of defendant Municipal
Corporation are false. The defendant Municipal Corporation has not
explained cause of delay of each and every dates. Therefore, the present
notice of motion of the defendant Municipal Corporation is liable to be
dismissed.
4. After hearing the arguments of learned advocates on behalf
of both the parties, scrutiny of the pleadings of the present notice of
motion of the defendants, admittedly, Municipal Corporation is a public
body and vast organization and due to heavy load and shortage of staff
and so many litigations are pending against the Corporation in Court of
Law. Considering the reasons mentioned in the present notice of
motion, I am of the opinion that it requires to allow the notice of
motion. If this notice of motion is to be allowed, then it will not cause
any injustice on the part of the plaintiff, but the present suit would be
decided on merit. Therefore, present notice of motion needs to be
-- 2 of 4 --
3
allowed. Hence, I have proceed to pass following order.
ORDER
1. Notice of motion no.716/19 is hereby allowed as prayed for.
2. It is hereby permitted to the defendants to file their written
statement.
3.Notice of motion no.716/19 is disposed off accordingly.
Date : 23/10/2019 (R.V.Kokaref)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 23/10/2019
Transcribed on:24/10/2019
Signed by HHJ :24/10/2019
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/10/2019 5.00p.m Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
23/10/2019
Judgment/order signed by P.O on 24/10/2019
Judgment/order uploaded on 24/10/2019
-- 4 of 4 --