Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC01-002953-2020
IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 1039 OF 2020
IN
COMMERCIAL SUIT NO. 185 OF 2019
Chandrakant Pukhjraji Mehta ......Plaintiff
V/s.
M/s. Fairmacs Shipping & Transport
Services Private limited ….Defendant
Appearances:
Ld. Adv. Mr. Ramesh Jain for the plaintiff.
Ld. Adv. Mr. Saket Ketkar for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 12th January, 2021.
ORDER
The present notice of motion is preferred by the defendant,
seeking permission to file written statement.
2. Heard learned Advocate Mr. Ramesh Jain for the plaintiff
and learned Advocate Mr. Saket Ketkar for defendant.
3. It is the contention of the defendant that the written
statement could not be file within 30 days from the service of
Writ of Summons. It is submitted that the defendant was served on
23.11.2019. It is stated that there is delay of 77 days in filing the
written statement, after the service of writ of summons on the
defendant. It is contended that the written statement is filed within 120
days from the date of service of writ of summons. It is prayed that the
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Order on NM No.1039/2020 .. 2..
defendant be permitted to file written statement.
4. The learned Advocate for the plaintiff had opposed the notice of
motion in the argument.
5. The plaintiff had not filed say to the present notice of motion by
the defendant to file written statement.
6. The substituted proviso to Order V, Rule-1 Sub-Rule 1 permits the
defendant to file written statement for the reasons to be recorded in
writing and on payment of costs not later than 120 days from the date
of service of writ of summons.
Admittedly, the period of 120 days to file written statement by the
defendant is not over. The short question before the Court is whether
the defendant had sufficient cause for not filing the written statement
within the stipulated period. The reasons mentioned in the notice of
motion for the delay in filing the written statement is that the defendant
company had to clarify with the Advocate for the defendant about the
transactions of the defendant with the plaintiff. So also, the Advocate
for the defendant was busy in his marriage preparations and formalities
from December 2019 to February 2020.
For the reasons mentioned in the application, the defendant
needs to be permitted to file written statement. The written statement
is filed within the stipulated period as provided in Order V Rule-1 Sub-
Rule 1. The notice of motion needs to allowed. The defendant needs to
be allowed to file written statement.
In the result, following order is passed.
O R D E R
1. Notice of Motion No. 1039/2020 is allowed.
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Order on NM No.1039/2020 .. 3..
2. The defendant is permitted to file written statement,
subject to cost of Rs. 1,000/- (Rupees One Thousand
Only).
3. The Cost to be paid to the plaintiff within two weeks from
the date of order.
4. Notice of Motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Dt.: 12.01.2021 Gr.Bombay at Mumbai.
Dictated on : 12.01.2021
Typed on : 12.01.2021
Signed by H.H.J.on :12.01.2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12.01.2021 at 4.35 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
12.01.2021
Judgment/order signed by P.O. on 12.01.2021
Judgment/order uploaded on 12.01.2021
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