Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.479 OF 2018
CNR MHCC010019012018
IN
S.C.SUIT NO. 906 OF 2017
CNR MHCC010127382016
1. The Oriental Insurance Company Ltd. )....Plaintiff.
V/s.
1. Indian Cork Mills Ltd. & Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 03/08/2018.
Adv. Vaishali Ugale for the plaintiff.
Adv. Dalal for the defendants.
ORAL ORDER
This notice of motion is taken out by the defendants no.1
and 2 for condoning the delay in filing their written statement and for
setting aside order dated 5th December, 2017 . Notice of motion is
supported by an affidavit being executed by G.G. Kukreja who is the
authorized signatory of defendants no.1 and 2. The plaintiff has
strongly opposed this notice of motion by filing reply on affidavit being
executed by Rajeev Paul.
2. Heard learned advocates of both the sides.
3. On perusal of the order dated 5th December, 2017, the suit
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was proceeded without written statement against defendant no.1 and 2.
The learned advocate for the defendant submitted that the written
statement was ready on 31st January, 2018 itself. He also submitted
that the same can be produced on record today itself. In the notice of
motion, it is submitted that there is delay of about 113 days for filing
written statement. While opposing the notice of motion, learned
advocate for defendants submitted that , there is delay of about 152
days. However , on perusal of the record, it is transpired that on 7th
April, 2018, the plaintiff has taken out chamber summons for
amendment of the plaint which was allowed . The record further
reflects that the amendment was carried out on 20/04/2018. If the
amendment is seen then the plaintiff has amended the name of
proprietor of defendant no.2. There is nothing to indicate on record
that copy of amended plaint is served upon the defendants. As the
plaintiff has amended the suit, even otherwise, the defendants gets a
right to file the additional written statement. Under these
circumstances, as the suit is for specific performance of contract, and as
the defendant no.3 is not opposing the prayers of plaint, for fair trial
and proper adjudication of the case, one opportunity needs to be
granted to defendants no.1 and 2 to contest the suit on merits. So far
as delay is concerned, in my opinion, imposition of certain costs to be
paid to District Legal Services Authority , Mumbai will suffice the
purpose . Hence in the interest of justice, I pass the following order.
ORDER
1. Notice of motion no. 479/18 is allowed and
made absolute in terms of prayer clause (a) and (b)
subject to the defendants to pay costs of Rs.2000/
to be paid to District Legal Services Authority,
Mumbai within two weeks from today.
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2. After payment of costs the defendants to file
written statement on next date. Leave is granted to
make correction in cause title as per amended
plaint.
3. Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:03/08/2018.
Dictated on : 03/08/2018.
Transcribed on : 04/08/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 09.08.2018
Time at 12.55a.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
03/08/2018
JUDGMENT / ORDER signed by
P.O.on
04/08/2018
JUDGMENT / ORDER uploaded on 09/08/2018
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