Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 519 of 2018
CNR MHCCO10020242018
IN
L.C.SUIT NO. 1911 OF 2017
CNR MHCC01005922201 7
Manthan Builders & Developers Pvt.Ltd. )...Applicants.
( Defendant no.3)
Mahendra A. Gala & Ors. )....Plaintiffs.
V/s.
1. Municipal Corporation of Greater
Mumbai and Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 13/04/2018.
Ld. Advocate RDB Legal , Mrs. Rita D. Bhatia for the Deft. no.2.
Ld. Advocate Mrs. Narvekar h/f Adv.Mr.Saraogi for the plaintiff
ORAL ORDER
This notice of motion is taken out by the defendant no.3
for condoning the delay in filing the written statement and for further
permitting the defendant no.3 to place on record the written statement.
It is supported by an affidavit of Managing Director of the Defendant
no.3. To this notice of motion , plaintiff has not filed any reply. In spite
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of giving several chance, plaintiff has failed to file reply. Hence to
avoid any delay in disposal of the suit, I have taken this notice of
motion for hearing.
2. Heard leanred advocates for both the sides.
3. On behalf of the plaintiff learned advocate submitted that
the reasons mentioned in affidavit are justified one. However , on
perusal of the contents of paragraphs no. 2 and 3 of the affidavit in
support of the notice of motion, it is submitted that in the month of
October, 2017 the advocate's uncle who is aged about 75 years, was not
well, and therefore written statement was not filed within stipulated
period. It is further argued that the matter was referred to mediation
and it was before the learned mediator on 9th December, 2017 .
Considering the fact, that the matter was referred to mediation and
parties were trying to resolve their disputes through amicable
settlement, in my opinion are justified reasons for allowing this notice.
Further more, defendant no.3 is ready to contest the suit on merits, In
my opinion, for fair trial and proper adjudication of the case, one
opportunity needs to be granted to defendant no.3 to contest the suit on
merits. However, considering all circumstances, in my opinion, certain
cost needs to be imposed upon the defendant no.3, to be paid to District
Legal Services Authority, Mumbai. In the interest of justice, I pass the
following order.
ORDER
1. Notice of Motion no. 519 of 2018 is allowed and
made absolute in terms of prayer clause (a) and (b) subject
to the condition that the defendant no.3 shall pay the cost
of Rs.2000/ to the District Legal Services Authority,
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Mumbai within the period of one week from today.
2. After payment of cost, the written statement so
filed be taken on record.
3. Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:13/04/2018.
Dictated on : 13/04/2018.
Transcribed on : 16/04/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date And
Time at 17/04/2018 at 2.45p.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.08)
Date of Pronouncement of
JUDGMENT / ORDER
13/04/2018
JUDGMENT / ORDER signed by
P.O.on
17/04/2018
JUDGMENT / ORDER uploaded on 17/04/2018
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