Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1077 OF 2019
IN
SUIT NO.1643 OF 2018
M/s. A. R. Constructions ...Plaintiff.
V/s.
Virendrabahadur Rajdular 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.Virendrabahadur Rajdular Singh
defendant have 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. However, he is
working as Tourist Driver and during that time he was out of station in
U.P. for work. Therefore, he unable to give proper instructions to the
counsel to file their written statement within the period of 90 days.
MHCC01-002784-2019
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NM 1077/2019 .. 2 .. Suit No.1643/2018
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 being the Tourist Driver he was supposed to travel and
therefore, he 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.1077 of 2019 in Suit No.1643 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
kps/
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NM 1077/2019 .. 3 .. Suit No.1643/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.03.2019 at 11.31 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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