Full Order Text
Final Order 1 · 17 Feb 2021 · CNR MHCC010022542019
Order Details: Notice of Motion Pdf Text: NM No.857-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.857 OF 2019 IN SUIT NO.2910 OF 2016 CNR NO. MHCC01-006126-2019 Nath Enterprises … Plaintiff Vs. Maharashtra State Road Development Corporation Limited & Another … Defendants Appearances: Ld. Adv Archana Shelar for the plaintiff. Ld. Adv Tapan Agarwal for defendants. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 17th FEBRUARY 2021 ORAL ORDER Defendants have taken out this notice of motion under Order 8 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for the condonation of the delay in filing the written statement. 2. Heard. Perused the notice of motion, the affidavit filed in support of the notice of motion and the reply. Page 1 of 3 -- 1 of 3 -- NM No.857-2019 3. From the reply filed by the plaintiff and the noting dated 23.01.2018, it seems that defendants were served with the summons on 13.02.2017. The Advocate for defendants has not disputed the said fact. He has, however, contended that the plaintiff had not served the copy of the plaint and complete set of documents along with the summons. 4. The letters at Annexures A to E lend support to the contentions of the learned Advocate for defendants. These letters coupled with the affidavit go to show that initially, the plaintiff had not supplied the plaint and thereafter, it supplied incomplete documents to defendants. 5. In Mrs Aldas Valezia Tereza Mergulhao and another Vs. Jeronimo De Aldeneida and others (2006 AIHC 1696), the Hon’ble Bombay held that the summons issued concerning a plaint has also to accompany all the copies of documents relied upon by the plaintiff and filed in the Court along with the plaint. The plaintiff, in that case, had not furnished copies of the documents sought to be relied upon by him to the defendant. On this ground, the Hon’ble High Court condoned the delay in filing a written statement. 6. In the case in hand, as stated supra, the plaintiff had failed to furnish a complete set of documents to defendants. Under these circumstances, it is necessary to condone the delay in filing a written statement and allow defendants to contest the suit. So, I hold that the notice of motion deserves to be allowed in terms of prayer clauses (a) and (b) and proceed to pass the following order:- Page 2 of 3 -- 2 of 3 -- NM No.857-2019 ORDER 1. Notice of Motion No.857 of 2019 is made absolute in terms of prayer clauses (a) and (b). 2. Costs shall be costs in the cause. 3. Notice of Motion No.857 of 2019 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 17/02/2021 City Civil Court, Gr. Bombay Dictated on : 17/02/2021 Transcribed on : 17/02/2021 HHJ signed on : 17/02/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 18.02.2021 3.25 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 17.02.2021 JUDGEMENT /ORDER signed by P.O. on 17.02.2021 JUDGEMENT /ORDER uploaded on 18.02.2021 Page 3 of 3 -- 3 of 3 --