Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.770 OF 2018
IN
SUIT NO.2578 OF 2017
Mr.Purshottam Behra ...Plaintiff.
V/s.
Shakti Natural Gas Pvt.Ltd. & ors. ...Defendants.
Appearances:
Ld.Adv Ms.Chitra Mahagade for plaintiff.
Ld.Adv. Mr.Rahul Raut for defendant Nos.4 and 5
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 10th August,2018
ORDER
By way of this notice of motion defendant prayed for taking
written statement on record by condoning delay.
2. In supporting affidavit of Mr.Nimesh Shah, the Director and
authorized representative of defendant No.4, submitted that, defendant
Nos.4 and 5 was served with writ of summons on 29.11.2017 and its
Advocate filed vakalatnama on 08.12.2017. However, they could not
file written statement on record within 30 days. But the provisions of
C.P.C provides 60 days extension to file written statement with
permission of the Court and there is delay of 34 days in filing written
statement. The delay was unintentional as defendant is the company,
they need to take approval of various authorities. Defendant could
MHCC01-002810-2018
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affirm the written statement on 30.01.2018 and therefore, there is
delay of 33 days in filing written statement. It is submitted that,
defendant have a good case on merits and great harm and prejudice
will be caused if delay in filing statement is not condoned. Therefore,
defendant prayed that, delay in filing written statement be condoned
and written statement be taken on record.
3. After service of notice of motion learned Advocate for plaintiff is
present. They have strongly objected this application. But fairly
admitted and gave reply on the overleaf of notice motion itself that, it
may be allowed with costs.
4. Heard learned Advocate for plaintiff and defendants. Perused the
record and submissions.
5. Admittedly and it is fact on record that defendants were served
with writ of summons on 29.11.2017. Therefore, under O.VII R.1 of
C.P.C. defendant has to file written statement within 30 days i.e on or
before 28.12.2017. However, there is delay in filing written statement.
As per reasons given by defendant that, defendant No.4 is the company
and they have to take necessary permission from different authority for
pursing the matter or filing the written statement. Therefore, delay is
occurred. Even the Court can allow the party to file written statement
within 90 day on some plausible explanation. The reasons mentioned
by defendant is reasonable one. Therefore, delay caused in filing
written statement needs to be condoned. It will not cause prejudice to
plaintiff, but it gives an opportunity to defendants to put forth their
defence, whatever available to them.
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6. In such circumstances, it would be proper to direct defendant
Nos.4 and 5 to pay costs of Rs.500/ each as payable to D.L.S.A,
Mumbai within two weeks to accept their written statement by
condoning delay of 34 days. In view of these facts notice of motion
needs to be made absolute and hence, I proceed to pass the following
order :
O R D E R
1. Notice of Motion No.770 of 2018 in Suit No.2578 of 2017
is made absolute subject to costs of Rs.500/ each payable
by defendant Nos.4 and 5 to D.L.S.A., Mumbai within two
weeks from the date of this order.
2. After payment of costs delay of 34 days stands condoned
and written statement filed by defendant Nos.4 and 5 be
accepted.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 10/08/2018 City Civil Court, Gr. MUMBAI
Dictated on : 10.08.2018
Transcribed on : 10.08.2018
Signed on : 10.08.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.08.2018 at 5.33 p.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 10.08.2018
Judgment/order signed by P.O. on 10.08.2018
Judgment/order uploaded on 10.08.2018
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