Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 780/2020 in Comm. Suit No. 93/19. 1 Order.
MHCC010021192020
Presented on : 18-02-2020
Registered on : 18-02-2020
Decided on : 08-03-2021
Duration : 1 years, 0 months, 19 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 780 OF 2020
IN
COMMERCIAL SUIT NO. 93 OF 2019
Moolchand Dalichand Jain and others ...Plaintiffs
Versus
Silver Arch Builders and Promoters ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 8th MARCH, 2021.
Mr. Rahul Choube, Advocate for Plaintiffs.
Mr. Milind Nar, Advocate for Defendant.
ORDER
This is a motion preferred by defendant to condone delay
of 132 days in filing written statement. Perused reply submitted by
plaintiff.
2. Learned Adv. Milind Nar for defendant submits that
summons is served on defendant on 09/09/2019. Defendant has
submitted V/P vide Exh.5 on 17/02/2020. Defendant is dealing in the
business of real estate. Due to lock-down and scarcity of staff, he could
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N/m No. 780/2020 in Comm. Suit No. 93/19. 2 Order.
not concentrate on defending present suit. There is no intentional delay
caused by the defendant. It is prayed to condone the delay. Defendant
is ready alongwith his written statement. It is added that settlement
talks are going on between the parties, it may reach for fruitful result
within two weeks. It is prayed to accept the written statement.
3. Learned Adv. Rahul Choube for the plaintiff submits that
there is no appropriate calculations in counting the delay caused at the
hands of the defendant. It is duty of defendant to mark presence before
the Court upon receipt of summons. It reveal from roznama that
defendant has avoided to appear before the Court for about four
months. It reflects negligent attitude of defendant. It is prayed for cost
of Rs.5,000/-.
4. It is replied by Adv. Nar that considering mistake on the
part of defendant, a nominal cost of Rs.1,000/- may be imposed. It is
admitted that settlement talks are going on between the parties.
REASONS
5. On perusal of record, it is crystal clear that summons is
served on defendant on 09/09/2019. It is to note that defendant is
failed to mark presence before the Court on 09/09/2019. Defendant
appeared before the Court with V/P vide Exh.5 on 17/02/2020.
However, till date there is no order of ‘no W.S.’. Defendant is ready
alongwith W.S. It would be appropriate to decide the suit on merit.
Considering entire facts on record, W.S. be accepted subject to cost of
Rs.2,000/- (Rupees Two Thousand Only) be paid to plaintiff on or
before next date. Hence, the order :
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N/m No. 780/2020 in Comm. Suit No. 93/19. 3 Order.
- ORDER -
1. Notice of Motion No. 780/2020 is allowed, subject to cost
of Rs.2,000/- (Rupees Two Thousand Only).
2. Impugned delay is condoned subject to cost of Rs.2,000/-
(Rupees Two Thousand Only) in total be paid to plaintiffs.
3. Defendant to pay the cost on or before next date.
4. Written Statement submitted by defendant is marked as
Exh.6, copy is served to plaintiff.
5. N/m No. 780/2020 is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 08/03/2021. Mumbai.
1. Dictated on : 08/03/2021.
2. Transcribed on : 09/03/2021.
3. Signed on : 09/03/2021.
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
09/03/2021. 5.21 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 08/03/2021.
Judgment/Order signed by P.O. on 09/03/2021.
Judgment/Order uploaded on 09/03/2021.
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