Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.603 of 2018
CNR No.MHCC010023232018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.603 OF 2018
IN
SUIT NO.2551 OF 2012
Vishal Pankaj Mehta .. Plaintiff.
Versus
Rekha D. Mehta and Anr. .. Defendants
Appearance :
Advocate V.B.Mishra for Plaintiff.
Advocate Shubham Singh for defendant no. 1.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 21.01.2019
: ORDER :
This Notice of Motion is taken out by defendant No. 1 for
settingaside the order dated 20.11.2014 and also for condoning the
delay in filing the written statement.
2. Defendant appeared and submitted that the defendant no.1
was owner of the premises and entire affairs were looked after by
husband of defendant. Defendant further submitted that her husband
underwent the heart surgery in January, 2011 and after surgery he
could not recover and expired on 12.07.2011. Thereafter she was
suffering from knee pain and have undergone surgery and treatment for
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the same. On 23.02.2013 her knees were replaced. Due to this, she
was not able to take appropriate steps and coordinate the matter. She
further submitted that she is 60 years old and her medical condition
also deteriorated in recent past due to age constraint. Her medical
certificate is filed on record. Defendant further submitted that this suit
was transferred from the High Court to this court due to pecuniary
jurisdiction and her advocate who entrusted the matter expired on
10.02.2013. Due to all these reasons the delay is occurred to file the
written statement. It was further submitted that the delay is not
intentional and prayed to condone the delay in the interest of justice.
3. Plaintiff appeared and submitted that the present notice
motion is false, bad in law and is taken out after 4 years from the
receipts of writ of summons. Defendant is trying to take undue
advantage of the situations and trying to gain sympathy. She was aware
about the proceedings. Defendant failed to mention exact days of delay
in filing the motion and prayed to dismiss the motion.
4. Heard argument of defendant no. 1. Perused the reply filed by
the plaintiff and other material on record.
5. Upon considering the hearing and perusing the material on
record it is apparent that this is recovery suit filed by the plaintiff
against the defendant. Admittedly, there is delay in filing the written
statement and also filing the Notice of Motion. Upon considering the
hearing and reasons mentioned, the husband of the defendant died and
further due to her injury she could not appear before the court. Counsel
appearing for defendant also expired. Further, defendant is senior
citizen. It had been explained. The delay does not appears to be
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intentional. It can be condoned by imposing costs. Hence, considering
this accordingly I pass the following order.
: ORDER :
1. Notice of Motion No. 603 of 2018 is allowed in terms of
prayer clause (a) and (b) subject to cost of Rs. 3,000/.
2. Cost be paid to the plaintiff on or before next date.
3. After the cost is paid written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 21.01.2019 Gr. Mumbai
Dictated on : 21.01.2019
Transcribed on : 21.01.2019
Signed on : 21.01.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 22.01.2019 at 3.52 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
21.01.2019
JUDGMENT/ORDER signed by P.O. on 21.01.2019
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JUDGMENT/ORDER uploaded on 22.01.2019
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