Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 11/21 in Comm. Suit No. 413/2020. 1 Order.
MHCC010000112021
Presented on : 04-01-2021
Registered on : 04-01-2021
Decided on : 12-03-2021
Duration : 0 years, 2 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 11 OF 2021
IN
COMMERCIAL SUIT NO. 413 OF 2020
Sanjay Vaghaji Rathod ...Plaintiff
Versus
Government of India and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 12th MARCH, 2021.
Mr. M.R.Yadav, Advocate for Plaintiff.
Mr. Kunal Thakkar, Advocate for Defendant Nos.1 and 3.
Mr. P.K.Tiwari, Advocate for Defendant No.2.
ORDER
This is a motion taken out by defendant nos.1 and 3 for
permission to accept written statement by condoning delay caused
during pandemic of COVID-19.
2. Perused reply endorsed by learned advocate for plaintiff on
overleaf of notice of motion.
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N/m No. 11/21 in Comm. Suit No. 413/2020. 2 Order.
3. Heard learned Adv. Kunal Thakkar for defendant nos.1 & 3.
It is requested to peruse observations of the Hon’ble Supreme Court in
Suo Moto Writ Petition No. 3/2020 and order of the Government of
Maharashtra dated 27/11/2020. It is requested to accept written
statement.
4. Learned Adv. M.R.Yadav for plaintiff submits that in other
eventuality plaintiff would have resisted the notice of motion. However,
in view of various orders annexed by the defendant alongwith notice of
motion from page no.11 to 24, there are justifications to accept written
statement. It is prayed for appropriate order subject to cost.
REASONS
5. Defendant no.1 is a Government of India. Defendant no.3
is an authority working under control and supervision of the
government. It would be appropriate to decide the matter on merit.
Defendant nos.1 and 3 are ready with written statement. Defendant
nos.1 and 3 will submit the written statement today itself, upon
completion of affirmation. Considering factual aspect as mentioned
above, motion is allowed. Hence, the order :
- ORDER -
1. Notice of Motion No. 11/2021 is allowed.
2. Written statement submitted by defendant nos.1 and 3 is
marked vide Exh.2. (Copy is served to plaintiff.)
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N/m No. 11/21 in Comm. Suit No. 413/2020. 3 Order.
3. N/m No. 11/2021 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 12/03/2021. Mumbai.
1. Dictated on : 12/03/2021.
2. Transcribed on : 15/03/2021.
3. Signed on : 15/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/03/2021. 5.28 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 12/03/2021.
Judgment/Order signed by P.O. on 15/03/2021.
Judgment/Order uploaded on 15/03/2021.
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