Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010022982020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No. 823 OF 2020
IN
LONG CAUSE SUIT NO 1409 OF 2011
1.Smt. Smita Mukesh Shah ... Plaintiff
V/s.
Municipal Corporation of Greater Bombay ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 25/08/2021
Adv. Ms. Gayatri Kapse for the plaintiff.
Adv. Ms Deepali Patil for the defendants.
ORAL ORDER
1. This Notice of Motion is taken out by the Municipal
Corporation /defendant to set aside without written statement order
and permission to file written statement.
2. The plaintiff has filed reply to the same and strongly
opposed the notice of motion.
3. Perused the notice of motion and reply of the plaintiff.
Heard advocates for the parties at the length.
4. It is contended by the defendant that it was unable to file
its written statement in time due to heavy work load being a public
body. Therefore , delay was caused for filing written statement.
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2 N/M No. 823/2020
5. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the defendant was
unable to file written statement due to heavy work load. The reason
given by the defendant for delay is satisfactory. The delay caused for
filing is not deliberate. If the Notice of Motion is not allowed the status
of the judgment in the suit will be technically exparte. The suit will be
effectively decided on merits if the defendant is granted permission to
file its written statement.
6. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice. Inconvenience caused to the plaintiff
can be compensated by saddling cost of Rs.5000/ on the defendant/
BMC, which shall be deposited with D.L.S.A. Hence, order.
ORDER
1. The Notice of Motion No.823/2020 is allowed.
2. The defendant is granted permission to file written statement
on depositing the cost of Rs.1000/ with D.L.S.A on or before
next date.
3. The Notice of Motion No.823/2020 is disposed off.
(Smt. S.G.Shaikh)
Date 25/08/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 25/08/2021
Typed on : 25/08/2021
Signed on :
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3 N/M No. 823/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
26/08/2021 11.00 a.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
25/08/2021
JUDGMENT/ORDER signed by
P.O.on
25/08/2021
JUDGMENT/ORDER uploaded on 26/08/2021
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