Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1121/19 in S.C. Suit No. 2277/18
1 Date : 31.07.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1121 OF 2019
IN
S.C. SUIT NO. 2277 OF 2018
(CNR NO.MHCC010029192019)
Shri. Ramesh Govind Bhure .. Plaintiff
Versus
Smt. Tarabai Changu Wadkar & Ors. .. Defendants
Appearances :
K.R. Pachangane, Ld. Adv. for plaintiff present.
Dileep Satale, Ld. Adv. for defendant no.2 to 6 present.
S.V. Devlekar, Ld. Adv. for defendant no.7 to 8 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 31.07.2019
1. The defendant no. 7 and 8 have filed instant Notice of
Motion for condonation of 255 days delay in filing Written
Statement.
2. It is submitted by the defendant no. 7 and 8 that, they have
been served with the suit summons. Accordingly, on 06.11.2017
they have instructed their earlier advocate to appear in the Court
on their behalf. The defendants are the laymen and not aware of
the legal procedure with regard to filing of the Written Statement
within stipulated period. They were totally dependant upon their
earlier advocate. However, their earlier advocate did not take care
to file Written Statement. Therefore, on 05.04.2018, this Court
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NM 1121/19 in S.C. Suit No. 2277/18
2 Date : 31.07.2019
passed "No W.S." Order against defendant no. 7 and 8. The
defendants further submitted that they have changed their
advocate who informed to file written statement. Therefore, they
have given instruction to the present advocate and in the aforesaid
period, the delay of 255 days has been caused in filing Written
Statement.
3. It is submitted by the defendants that due to their lack of
knowledge about filing Written Statement within stipulated time
and due to inadvertence on the part of earlier advocate, Written
Statement could not be filed within time. If the delay is not
condoned and they were not permitted to file Written Statement,
the great prejudice would be caused to them. Hence, the
defendant no. 7 and 8 prayed for setting aside "No W.S." Order
and allow them to file Written Statement.
4. Per contra advocate K.R. Pachangane for plaintiff opposed
application orally on the ground that, the defendants failed to
sought relief of setting aside "No W.S." Order. The delay is not
sufficiently explained by the defendants. Hence, delay should not
be condoned. It is further contended by the plaintiff that if the
delay is condoned, then the heavy cost to be imposed on
defendants.
5. Heard both the sides. Perused Notice of Motion alongwith
Affidavit. In affidavit, the defendants have specifically prayed for
setting aside No W.S. Order. Therefore, I do not find any
substance in the contention of the plaintiff. Moreover, the reasons
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NM 1121/19 in S.C. Suit No. 2277/18
3 Date : 31.07.2019
assigned by the defendants appears to be sufficient. In my view,
due to negligence of the advocate, party should not be suffered. If
the defendants are not allowed to file their Written Statement, the
suit will remain undefended. If the delay is not condoned, that
would certainly prejudice the rights of defendants to contest the
suit. Hence, in my view, the delay needs to be condoned. In my
view, inconvenience counsel to be compensated by awarding
reasonable cost of Rs. 2,000/. Thus, I proceed to pass the
following order.
ORDER
1. Notice of motion no. 1121/19 is hereby allowed.
2. The delay of 255 days in filling written statement is hereby
condoned subject to condition of payment of Rs.2,000/ to
the plaintiff.
3. The defendants are allowed to file their written statement on
record.
4. Notice of motion no. 1121/19 is hereby disposed off.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 31.07.2019 Greater Mumbai
Dictated on : 31.07.2019
Typed on : 01.08.2019
Draft Submitted on : 01.08.2019
Checked on : 02.08.2019
Signed on : 02.08.2019
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NM 1121/19 in S.C. Suit No. 2277/18
4 Date : 31.07.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/08/2019 at 3.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
31/07/2019
JUDGMENT/ORDER signed by P.O.
on
02/08/2019
JUDGMENT/ORDER uploaded on 02/08/2019
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