Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1081 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 defendant prayed for setting aside
the order dt.30.11.2018 'to proceed without written statement' and
defendant be permitted 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
MHCC01-002779-2019
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NM 1081/2019 .. 2 .. Suit No.1795/2018
medical condition she unable to give proper instructions to the counsel
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. In view of the submissions and the reasons mentioned, is just and
proper as defendant suffering from some health issues, she had gone to
her native place in U.P. State and therefore, she unable to give
instructions to the learned counsel. Due to which delay occurred in
filing written statement. Hence, reasons being properly explained, for
which learned counsel for plaintiff also not objected. Hence, delay
needs to be condoned in filing written statement on record. In such
circumstances, it will be proper to direct parties to bear their costs and
hence, I proceed to pass the following order :
O R D E R
1. Notice of Motion No.1081 of 2019 in Suit No.1795 of 2018 is
made absolute.
2. The order dt.30.11.2018 'to proceed without written statement'
be set aside and defendant is permitted to file written statement
on record.
3. 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
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NM 1081/2019 .. 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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