Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1082 OF 2019
IN
SUIT NO.1795 OF 2018
M/s. A.R. Constructions ...Plaintiff.
V/s.
Smt.Sudhadevi Radheshyam Singh
Through her POA Mr.Abhishek Kumar
Radheshyam Singh ...Defendant
Appearances:
Ld. Adv Mr.Vinod Desai for plaintiff.
Ld. Adv. Mr.Manohar Mandavkar for defendant
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th March,2019
ORDER
By way of this notice of motion defendants sought permission to
condone the delay in filing written statement and for permission to file
written statement on record.
2. In supporting affidavit of Mr.Abhishek Kumar Radheshyam Singh,
the power of attorney of defendant submitted that plaintiff has filed this
suit for recovery of the amount against them in respect of the flat given
to them in newly constructed building under development project,
which is pending before this Court. As per provisions of O.VIII R.1 of
C.P.C. defendant should have filed written statement within 90 days,
but as defendant was not keeping goods health because swelling ofher
whole body, she was undertaken Ayurvedic medical treatment and for
the same she had gone to her native place Jaunpur, U.P. Due to her
medical condition she unable to give proper instructions to the counsel
MHCC01-002778-2019
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NM 1082/2019 .. 2 .. Suit No.1795/2018
to file their written statement within the period of 90 days. Therefore,
he submitted that delay occurred in filing written statement be
condoned and notice of motion be made absolute.
3. Learned counsel appearing for plaintiff on the overleaf of notice
of motion itself filed reply and consented for the prayer subject to costs.
4. Heard learned Advocate for both the sides. Perused the record
and submissions.
5. Considering the reasons mentioned at this initial stage of the suit,
if defendant is permitted to file written statement on record it will
subserve the ends of justice. It will also helpful to take out necessary
defence available to defendant to contest the suit. In absence thereof
they will suffer prejudice, as their right to defend the suit will close
forever. Therefore, for proper and meritorious adjudication of the
matter, it is necessary to permit defendant to file written statement on
record. The delay occurred in filing written statement is already
condoned. In such circumstances, notice of motion deserves to be
allowed. It will be proper to direct the parties to bear their costs.
Hence, I proceed to pass the following order :
ORDER
1. Notice of Motion No.1082 of 2019 in Suit No.1795 of 2018
is made absolute thereby delay in filing written statement is
condoned and defendant is permitted to file written
statement on record.
2. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 12/03/2019 City Civil Court, Gr. MUMBAI
Dictated on : 12.03.2019
Transcribed on : 12.03.2019
Signed on : 12.03.2019 kps/
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NM 1082/2019 .. 3 .. Suit No.1795/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.03.2019 at 11.30 a.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 12.03.2019
Judgment/order signed by P.O. on 12.03.2019
Judgment/order uploaded on 13.03.2019
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