Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 808/22 in Comm. Suit No. 453/2020. 1 Order.
MHCC010022822022
Presented on : 04-03-2022
Registered on : 04-03-2022
Decided on : 29-03-2022
Duration : 0 years, 0 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 808 OF 2022
IN
COMMERCIAL SUIT NO. 453 OF 2020
Canara Bank ...Plaintiffs
Versus
M/s. Naikba Travels ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 29th MARCH, 2022.
Shri Kamar Ali Shaikh I/b Shri Vijay S. Thakur, Advocate for the
defendant.
Ms. Sujata Dahigaonkar, Advocate for the plaintiff.
ORDER
1. The defendant has filed present notice of motion to
condone delay in filing written statement and to set aside exparte order
dated 21/12/2021 and to allow him to file written statement. Perused
notice of motion and say given at the backside of it. I have gone
through the suit proceeding. Heard learned counsel Kamar Ali Shaikh
-- 1 of 4 --
N/m No. 808/22 in Comm. Suit No. 453/2020. 2 Order.
for the defendant and learned counsel Sujata Dahigaonkar for the
plaintiff.
2. On perusal of the record, it appears that the defendant was
served with writ of summons on 16/11/2021 as per bailiff report on
writ of summons annexed with affidavit of service Exh.5. Then, ex
parte order is passed against him in roznama dated 21/12/2021. Adv.
Rakesh Kharwa for the defendant appeared and filed vakalatnama
(Exh.5) on 24/01/2022. Present notice of motion is taken out on
01/03/2022. If date of service is taken into consideration, the
defendant should have filed written statement within 120 days from
that date. Considering situation of Covid19 pandemic, Hon'ble
Supreme Court has extended period of limitation by giving directions in
Suo Moto Writ Petition (C) No. 3/2020 by passing order on
10/01/2022. Period from 15/03/2020 till 28/02/2022 is excluded in
computing the periods in the laws prescribed in limitation for instituting
proceedings. Furthermore, it is clarified that where the limitation
would have expired during the period between 15/03/2020 till
28/02/2022, notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90 days from
01/03/2022. In the event the actual balance period of limitation
remaining, with effect from 01/03/2022 is greater than 90 days, that
longer period shall apply. Similarly, Hon'ble Supreme Court had made
applicable these directions to filing of written statement in commercial
suits as per judgment in Prakash Corporates V/s. Dee Vee Projects
Limited [Civil Appeal No(s). 1318 of 2022 (Arising out of SLP(C)
Nos. 13751 of 2021 decided on 14/02/2022)]. In view of these
directions of Hon'ble Supreme Court, the defendant is liable to be
allowed to file written statement by setting aside exparte order dated
-- 2 of 4 --
N/m No. 808/22 in Comm. Suit No. 453/2020. 3 Order.
21/12/2021. Even then, the defendant has raised certain grounds
which are not tenable, reasonable cost is liable to imposed upon him.
Hence, I pass the following order :
ORDER
1. Notice of Motion No. 808/2022 is made absolute in terms
of prayer clause (a), (b) and (c) subject to cost of
Rs.2,000/ (Rupees Two Thousand Only) payable to the
plaintiff or his learned counsel on or before the next date of
hearing.
2. Exparte order passed in roznama dated 21/12/2021 is set
aside.
3. The defendant is directed to file written statement on the
next date of hearing subject to payment of cost as above.
4. The proceeding of N/m No. 808/22 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 29/03/2022. Mumbai.
1. Dictated online on : 29/03/2022.
2. Signed on : 29/03/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
-- 3 of 4 --
N/m No. 808/22 in Comm. Suit No. 453/2020. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/03/2022. 3.33 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/03/2022.
Judgment/Order signed by P.O. on 29/03/2022.
Judgment/Order uploaded on 29/03/2022.
-- 4 of 4 --