Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 848-20 in S.C. Suit no. 2134-19 1 Date : 04.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 848 OF 2020
IN
S.C. SUIT NO. 2134 OF 2019
(CNR NO.MHCC010023082020 )
Sujal Apartment No. 4
CoOp. Ho. Society Ltd. .. Plaintiff
Versus
Kore Enterprises and Ors. .. Defendants
Appearances :
Ld. Adv. Shridhar V. Tajar for plaintiff.
Ld. Adv. Pankaj V. Dahibawkar for Deft. No. 2 to 6.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 3
Date : 04.09.2021
ORDER
1. The defendant no. 3 and 6 have filed instant Notice of
Motion for condonation of 115 days delay in filing Written
Statement.
2. The Notice of Motion is opposed by the plaintiff by filing say.
Heard both the sides. Perused Notice of Motion. It is the
contention of the defendants that after receipt of summons,
considerable time has been passed in collecting documents and
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NM 848-20 in S.C. Suit no. 2134-19 2 Date : 04.09.2019
consultation with advocate. Therefore, delay of 115 days has been
caused in filing Written Statement.
3. The Ld. Adv. for the plaintiff vehemently contended that the
defendants were attending the Court and purposefully did not file
Written Statement on record with intention to delay the
proceedings.
4. No doubt, on perusal of the record, defendants have
appeared in the matter. The reasons assigned are bonafide and
sufficient to condone the delay. In the event, delay is not
condoned and Written Statement is not taken on record, the suit
will remain undefended which will cause injustice on the parties.
The inconvenience caused to the plaintiff can be compensated by
awarding reasonable cost. Thus, I proceed to pass the following
order :
ORDER
1. Notice of Motion No. 848 of 2020 is hereby allowed in terms
of prayer clause (a).
2. The delay of 115 days in filing Written Statement is
condoned subject to payment of cost of Rs. 2,000/ to the plaintiff
within a period of 15 days from the date of order.
3. Upon payment of cost, Written Statement of defendant no. 3
and 6 be taken on record.
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NM 848-20 in S.C. Suit no. 2134-19 3 Date : 04.09.2019
4. Notice of Motion No. 848 of 2020 stands disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 04.09.2021 Greater Bombay.
Dictated on : 04.09.2021
Typed on : 04.09.2021
Draft Submitted on : 04.09.2021
Checked on : 06.09.2021
Signed on : 15.09.2021
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NM 848-20 in S.C. Suit no. 2134-19 4 Date : 04.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/09/2021 at 1.00 p.m (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
04/09/2021
JUDGMENT/ORDER signed by P.O.
on
15/09/2021
JUDGMENT/ORDER uploaded on 15/09/2021
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