Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1043-19 in Suit No. 2351-14
CNR NO.MHCC0100271119
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1043 OF 2019
IN
L.C. SUIT NO. 2351 OF 2014
Narayan Shankarappa Shetty .....Plaintiff
Versus
The Mumbai Municipal Corporation of Gr. Mumbai .... Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 04th May, 2019.
Appearance:
Ld. Adv. Mr. Prathamesh Seth for the plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. The defendant corporation by this notice of motion seeks to set
aside the order of no written statement dated 23.04.2018.
2. The notice of motion is resisted by the defendant.
3. This Court in its Roznama dated 23.04.2018 had observed, ''The
matter is pending for additional written statement from 29.01.2018.
No sufficient ground has been set out by the defendant to exercise
discretion to allow further time to file additional written statement.''
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2 NM 1043-19 in Suit No. 2351-14
4. It is contended by the plaintiff that instructions were to be taken
from the different department and it was not possible to get the draft of
the additional written statement as approved in time, therefore
additional written statement could not be filed in time.
5. The notice of motion is resisted by the plaintiff. The Learned
Advocate for the plaintiff relied upon the judgment reported in case of
M/s SCG Contracts India Pvt. Ltd. V/s K.S. Chamankar
Infrastructure Pvt. Ltd. & Ors. It contended that the written statement
cannot be filed beyond a period of 120 days.
6. In case of M/s SCG Contracts India Pvt. Ltd. V/s K.S.
Chamankar Infrastructure Pvt. Ltd. & Ors, in paragraph no. 8, had
observed as follows:
''8. A perusal of these provisions would show that ordinarily a
written statement is to be filed within a period of 30 days. However,
grace period of a further 90 days is granted which the Court may
employ for reasons to be recorded in writing and payment of such costs
as it deems fit to allow such written statement to come on record. What
is of great importance is the fact that beyond 120 days from the date of
service of summons, the defendant shall forfeit the right to file the
written statement and the Court shall not allow the written statement to
be taken on record. This is further buttressed by the proviso in order
VIII Rule 10 also adding that the Court has no further power to extend
the time beyond this period of 120 days.''
7. The period of 120 days to file the additional written statement is
already over. Accordingly, the order of no written statement is already
passed. In the light of the observation in the case of M/s SCG
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3 NM 1043-19 in Suit No. 2351-14
Contracts India Pvt. Ltd. V/s K.S. Chamankar Infrastructure Pvt.
Ltd. & Ors. The defendant cannot be permitted to file additional
written statement after 120 days. The notice of motion therefore
cannot be sustained and be entertained. In the result, following order is
passed.
ORDER
The Notice of Motion No. 1043/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 04.05.2019 City Civil Court, Mumbai.
Dictated on : 04.05.2019
Transcribed on : 06.05.2019
Signed by HHJ on : 08.05.2019
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4 NM 1043-19 in Suit No. 2351-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 08.05.2019 at 2.00 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
04.05.2019
JUDGMENT/ORDER signed by
P.O. on
08.05.2019
JUDGMENT/ORDER uploaded
on
08.05.2019
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