Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.966 OF 2020
(CNR No.MHCC01-002621-2020)
IN
SUMMARY SUIT NO.82 OF 2018
Bakkiyanathan N. Nadar
An adult, aged 69 years.
Indian Inhabitant, Occ: Business
carrying on business under the name and
style of M/s. Jayapriya Radios,
having address at Balaji Nagar, 90 Feet Road,
Dharavi, Mumbai- 400 017.
...Plaintiff
Verses
Shatru Tamanna Kunchnikorve
An adult, Indian Inhabitant ,
Aged 58 years,
Residing at Room No. A-8, Ground Floor, New
Sion Co-operative Housing Society Ltd.,
Sindhi Colony, Sion (West), Mumbai- 400 022. ...Defendant
CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 11.1.2022
Adv.Prasad Patil for the plaintiff.
Adv.Rajesh Kamble for the defendant.
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2 N/M No.966/2020
in Suit No.82 of 2018
ORAL ORDER
ORAL ORDER
1. This is a notice of motion taken out by the defendant for
condonation of delay and grant of permission to file written statement
on record .
2. The notice of motion is replied by the plaintiff.
3. Heard respective advocates at length and perused the record.
4. The defendant has submitted that as per the order passed by this
court in summons for judgment No. 67/2018, defendant was directed
to deposit Rs.32,50,000/- in court within four weeks. The defendant has
preferred a writ petition before the Hon’ble High court against said
order and in writ Petition no.3366/2019 the Hon’ble High Court has
directed the defendant to deposit the amount of Rs.25,00,000/- in
court. The defendant has deposited the amount of Rs.25,00,000/- in
court. The defendant ought to have filed written statement on record
after passing the order in writ petition. However, the written statement
was not within the period of 30 days and said objection is raised by the
advocate for plaintiff. There is delay of 16 days in filing written
statement on record. Hence, this notice of motion is taken out for
condonation of delay and grant of permission to file written statement
on record.
5. The contentions so raised by the defendant are opposed by the
advocate for the plaintiff. He prayed for rejection of notice of motion.
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3 N/M No.966/2020
in Suit No.82 of 2018
6. I have perused the record. It reveals that on dtd. 4.9.2019, the
Hon’ble High Court has granted permission to the defendant to file
written statement on record. Upon payment of Rs.25,00,000/-, the
order passed by the trial court in summons for judgment has been
modified by Hon’ble High Court. The record shows that said amount of
Rs.25,00,000/- is deposited by the defendant in court. However, there is
delay in filing written statement on record. The written statement is
placed on record alongwith this notice of motion. It shows that the
defendant is ready with the written statement and inclines to contest
the suit. The delay do not appear deliberate. Further it is not an
inordinate delay. The meager period of delay can be condoned looking
to the satisfactory reasons given by the defendant . To my mind, if the
defendant is permitted to file written statement on record by condoning
delay , the same will not cause any prejudice to the plaintiff. Per contra,
it will help the court to decide the controversy on merit. Considering
said circumstances I hold that the notice of motion desrves to be
allowed.
7. As a result of aforesaid discussion, I have arrived at the
conclusion that the notice of motion deserves to be allowed and made
absolute in the interest of justice. Hence, I proceed to pass following
order:
ORDER
1. The Notice of Motion no.966/2020 is allowed and made
absolute in terms of prayer clause -(a) and (b) of said notice
of motion.
2. The delay of 16 days in filing written statement on record is
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4 N/M No.966/2020
in Suit No.82 of 2018
hereby condoned and the defendant is permitted to file
written statement on record.
3. The Notice of Motion No.966/2020 is disposed of.
Date: 11.1.2022
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on : 11.1.2022
Typed on : .11.1.2022
Signed on :11.1.2022
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5 N/M No.966/2020
in Suit No.82 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.1.2022 2.00 p.m. ( K.M.RANA)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H.KASHIKAR (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
11.1.2022
JUDGMENT/ORDER signed by
P.O.on
11.1.2022
JUDGMENT/ORDER uploaded on 11.1.2022
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