Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion 628 of 2018
In
S.C.Suit No.2182 of 2016
MHCC010023872018
Mr. Bhagawan Dagdu Bhagat ...Plaintiff
V/s
The Municipal Corporation of Gr. Mumbai ..Defendant
Advocate Ms Anita Patil i/b Sandip Ghogare for plaintiff
Advocate B.S. Sutar for defendant/MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 4th February , 2019
(Court Room No.06)
O R D E R
1 Defendant Municipal Corporation, Gr. Mumbai has taken
out this notice of motion to condone the delay of eight months for filing
written statement and permit the defendant to file written statement.
2 According to defendant, defendant is the Municipal
Corporation for Gr. Mumbai. Defendant had served writ of summons.
However, due to heavy work load defendant could not collect the
documents. Defendant is the public body and vast organization. Hence,
defendant could not file the written statement within stipulated
period.If the notice of motion is not allowed then irreparable loss will
be caused to defendant. Hence prayed to grant notice of motion.
3 Plaintiff filed reply and resisted the contention made in the
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notice of motion. According to plaintiff, defendant intentionally has
not filed written statement. Defendant has no good cause/ Hence
prayed to dismiss the notice of motion.
4 I have heard both the sides.
5 By this suit plaintiff has sought declaration that he is
entitled for permanent alternative accommodation and also for
direction to the defendant to include name of the plaintiff in the
redevelopment scheme of the plot in question. From the record I find
that there is a delay of eight months in not filing the written statement.
However, defendant is the public body and vast organization . I find
substance in the contention of defendant that due to heavy work load
defendant could not collect the documents. Further, in view of the
nature of dispute it is necessary to come on record written statement of
defendant. Therefore, notice of motion deserves to be allowed. Hence,
I pass following order:
ORDER
1 Notice of Motion no. 628 of 2018 is hereby made
absolute in terms of prayer clause (a) and (b) of the
notice of motion.
2 Defendant is permitted to file written statement
3) Notice of motion is disposed of accordingly.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay
Dictated on : 4//02/2019
Typed on : 4/02/2019
Signed by HHJ. : 4/02/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
4/02/2019 S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
4/02/2019
JUDGEMENT/ORDER signed by
P.O. on
4/02/2019
JUDGEMENT/ORDER uploaded
on
4/02/2019
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