Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.547 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 chamber summons
for condoning the delay of 39 days in filing written statement.
2. It is argued on behalf of defendant that on 12.10.2018 Ld.
Counsel for defendant has received the copy of plaint and documents
from plaintiff. So it was supposed to file written statement within 30
days. However, because of want of inspection of plaintiff document Ld.
Counsel could not prepare the written statement within time. It was
prepared on 20.12.2018 causing delay of 39 days. As the delay is not
intentional it may be condoned.
MHCC010026782019
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Ch/s. 547/2019 .. 2 .. Suit No.1811/2018
3. None appeared for plaintiff for reply and argument.
4. As per supporting affidavit some time is exhausted in
getting the details of documents between the parties. Thereafter on
getting full information the written statement was drafted. However, it
caused delay of 39 days. The reason shown by defendant has gone
unchallenged on record. Therefore, I have no hesitation to accept it. As
such there is no deliberate or intentional delay. Therefore opportunity
needs to be given to defendant no.1 to 3. Accordingly the order.
ORDER
1. CS No.547/19 in SU No.1811/18 is hereby allowed.
2. The delay of 39 days in filing the WS is hereby condoned
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 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
sbk/
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Ch/s. 547/2019 .. 3 .. Suit No.1811/2018
“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 B. 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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