Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1079 OF 2019
IN
SUIT NO.1644 OF 2018
M/s. A.R. Constructions ...Plaintiff.
V/s.
Smt.Rashmi Ratnakar Naik ...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 Smt. Rashmi Ratnakar Naik, 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, but due to family
problems, she had to to to her native place at Belgaum, Karnataka.
Therefore, she unable to give proper instructions to the counsel to file
their written statement within the period of 90 days. Therefore, she
MHCC01-002786-2019
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NM 1079/2019 .. 2 .. Suit No.1644/2018
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 family dispute defendant has to visit his native place at
Belgaum, Karnataka 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.1079 in Suit No.1644 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 1079/2019 .. 3 .. Suit No.1644/2018
“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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