Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.917 OF 2019
IN
S.C. SUIT NO.1811 OF 2018
M/s. Venus Detective & Security
Services Pvt. Ltd. … Plaintiffs
V/s.
Mahatma Gandhi Mission's Medical
College & Ors. ... Defendants
Appearances :
None present for plaintiff.
Ld. Adv. Smita Gaidhani for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 22nd OCTOBER, 2019
ORDER
Defendant no.1 to 3 have taken out this notice of motion
for setting aside no written statement order dated 26.10.2018.
2. It is argued on behalf of defendant that though defendant
has received suit summons on 28.09.2018, they have received the copy
of plaint and documents from plaintiff in the Court on 12.10.2018. The
next date was 26.10.2018. On that day one junior advocate was
present. However, she was confused in calling of the matter and
therefore could not made submission before the Court when the matter
was called out. On very next day defendant has filed this notice of
MHCC01002446 2019
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NM 1311/2019 .. 2 .. Suit No.616/2018
motion. It goes to show that the delay is not intentional one.
Defendant has good case in defence. Therefore, they may be allowed
to file written statement by setting aside no written statement order.
3. Plaintiff has not filed reply to this notice of motion nor
there was oral submission on behalf of plaintiff.
4. It is a matter of record that on 12.10.2018 plaintiff has
served the copies of plaint and documents to defendant in Court.
Though the next date was 26.10.2018 defendant was having time to file
written statement on or before 11.11.2018. However, before expiry of
said period no written statement order is passed. So it was surprising
for defendant that no written statement order is passed before expiry of
first 30 days. Therefore, said order needs to be recalled. Accordingly
the order.
ORDER
1. NM No.917/19 in SU No.1811/18 is hereby allowed.
2. The no WS order dt.26/10/2018 is hereby called back on
defendants paying cost of Rs.1,000/ to plaintiff or to deposit it in
the Court on or before next date.
3. On compliance of cost order WS of defendants be taken on
record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 22/10/2019 City Civil Court, Gr. Mumbai
Dictated on : 22.10.2019
Transcribed on : 22.10.2019
Signed on : 23.10.2019
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NM 1311/2019 .. 3 .. Suit No.616/2018
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24.10.2019 05.30 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
22.10.2019.
Judgement/order signed by P.O on 23.10.2019.
Judgement/order uploaded on 24.10.2019.
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