Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.1058 OF 2019
IN
L.C.SUIT NO.4660 OF 2013
(CNR MHCC010027682019)
Mr.A.Bashir Khan s/o Abdul Hamid Khan )...Plaintiff
Versus
Municipal Corporation of Greater Mumbai )...Defendants.
Appearance:
Ld. Advocate Mr. Ashok Saraogi for plaintiff.
Ld.Advocate Mr.Kumawat for MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 23rd OCTOBER, 2019.
(C.R.No.06)
O R D E R
This notice of motion is taken out by the defendant Municipal
Corporation for permitting to file their written statement on record.
This notice of motion resisted on behalf of the plaintiff by filing reply.
Read the present notice of motion and reply of the plaintiff thereon.
Heard both the learned counsel on behalf of both the sides at length.
Perused the record.
2. Shri Sunil Janardhan Tawde, employee of the defendant
Municipal Corporation has filed his affidavit in support of this notice of
motion. The learned counsel on behalf of the defendant Municipal
Corporation has submitted that defendant Municipal Corporation is a
-- 1 of 4 --
2
public body and a vast organization and due to heavy workload
defendants failed to file the written statement well in time. They are
required to take instructions from the different departments and it was
not possible to get the draft of written statement approved within
stipulated time. On these grounds, the learned counsel on behalf of
defendants submitted that notice of motion of the defendant be allowed
for filing written statement.
3. The learned counsel on behalf of the plaintiff has submitted that
after a period of more than six years, now, the defendant has presented
this notice of motion. Now present notice of motion and the affidavit of
the employee on behalf of the defendant Municipal Corporation not
given day today explanation about causing of delay for filing this
present notice of motion. In the Judgment of Hon'ble Bombay High
Court reported in 2016 SCC OnLine Bom 5141, in the case of Allahabad
Bank Vs. Western India Chamber of Commerce, the Hon'ble High Court
has held that the applicant shall require to mention or to explain the
reasons for delay in not filing the written statement. On these grounds
the learned advocate on behalf of the plaintiff has requested the present
chamber summons may kindly be dismissed.
4. After hearing argument advanced on behalf of both the sides at
length, after perusal of the pleadings of both the parties and ratio held
in above citation, I am of the opinion that the ratio held in above
citation with due respect is not applicable to the present case in my
hand due to defers of facts. In the present case, in my hand the
defendant Municipal Corporation has given reasons in the present
chambers summons as well as in the affidavit filed by the employee of
the defendant Municipal Corporation that due to heavy work load and it
-- 2 of 4 --
3
requires to collect information from the various departments of the
defendant Municipal Corporation, the defendant Municipal Corporation
could not file written statement within stipulated period. Considering
the reasons mentioned in this notice of motion, I inclined to allow the
present notice of motion of the plaintiff in order to decide the matter on
merits. Hence, I have proceed to pass following order.
ORDER
1. Notice of motion no.1058/19 is hereby allowed as prayed for.
2. It is hereby permitted to the defendants to file their written
statement.
3.Notice of motion no.1058/19 is disposed off accordingly.
Date : 23/10/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 23/10/2019
Transcribed on:24/10/2019
Signed by HHJ :24/10/2019
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/10/2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
23/10/2019
Judgment/order signed by P.O on 24/10/2019
Judgment/order uploaded on 24/10/2019
-- 4 of 4 --