Full Order Text
Final Order 1 · 03 Mar 2021 · CNR MHCC010019962020
Order Details: Notice of Motion Pdf Text: NM No.741-2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.741 OF 2020 IN S.C. SUIT NO.2132 OF 2019 CNR NO.MHCC01-001996-2020 Avadhraj Motilal Gupta … Plaintiff Vs. The State of Maharashtra through the Senior Inspector of Police M.P.B. Crime Branch, CID, Mumbai 400 001. … Defendant Appearances: Ld. Adv S. B. Shrama for the plaintiff. Ld. AGP Khatib for the defendant. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 03rd MARCH 2021 ORAL ORDER The defendant has taken out this notice of motion under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (in short ‘CPC’) for the condonation of the delay in filing a written statement. Page 1 of 3 -- 1 of 3 -- NM No.741-2020 2. Heard the learned Advocates for the plaintiff and defendant. Perused the notice of motion, the affidavit filed in support thereof and the reply. 3. From the affidavit filed in support of the notice of motion, it appears that on 05.08.2019, the plaintiff had served the letter of the request upon the Government Pleader. The learned Assistant Government Pleader submitted that as he did not get the required information from the concerned department, it was not possible to file a written statement within the time stipulated by this Court. 4. From para 3 of the reply, it is clear that during the lockdown period arising out of the Coronavirus-19 Pandemic, the Courts were entertaining only urgent matters. 5. Considering the above facts and in order to give an opportunity to the defendant to put forth its defence, to my mind, it is expedient in the interest of justice to allow it to file a written statement by condoning the delay. At the same time, it is necessary to impose costs on the defendant for the delay in filing a written statement. So, I hold that the notice of motion deserves to be allowed in terms of the prayer clause (a) subject to costs of Rs.100/-. Hence, the order: ORDER 1. Notice of Motion No.741 of 2020 is made absolute in terms of prayer clause (a) subject to costs of Rs.100/- which shall be paid to the plaintiff. Page 2 of 3 -- 2 of 3 -- NM No.741-2020 2. Notice of Motion No.741 of 2020 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 03/03/2021 City Civil Court, Gr. Bombay Dictated on : 03/03/2021 Transcribed on : 03/03/2021 HHJ signed on : 03/03/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 04.03.2021 2.50 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGEMENT /ORDER 03.03.2021 JUDGEMENT /ORDER signed by P.O. on 03.03.2021 JUDGEMENT /ORDER uploaded on 04.03.2021 Page 3 of 3 -- 3 of 3 --