Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 1046 OF 2020.
(CNR NO. MHCC01-002999-2020)
IN
SUIT NO.2216 OF 2019.
Abhay Narendra Lodha. …. Plaintiff
V/s.
1.Canara Bank and Anr. ...Defendants.
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR.
CITY CIVIL COURT
GR. MUMBAI
DATE : 03/03/2025.
Adv. Khushboo Acharya for plaintiff.
None for defendant.
ORAL ORDER
This Notice of Motion is taken out by defendant
No.2 for condonation of delay of 198 days with permission
to file written statement on record.
2. Read notice of motion and affidavit in reply filed
by the plaintiff. Heard both the sides.
-- 1 of 4 --
2
3. This is a suit for declaration and injunction. By
this Notice of Motion, defendant No.2 sought condonation
of delay of 198 days of filing written statement on the
ground that transfer application No.200 of 2019 was
pending before the Hon’ble City Civil Court which came to
be dismissed on 15 t h November, 2019. It is necessary to
mention here that pendency of Transfer Application No. 200
of 2019 and its dismissal is not disputed by the plaintiff.
Plaintiff objected present Notice of Motion on the ground
that there is intentional delay on the part of defendant.
Defendant also mentioned various judicial pronouncement
of the Hon’ble Apex Court in affidavit of reply. As per
contention of defendant No.2, he received copy of plaint on
21s t August, 2019. Defendant No.2 marked his presence
before the Court on 19.08.2019. Present Notice of Motion is
taken out by defendant No.2 in March 2020. As per Order
VIII Rule 1 of the Code of Civil Procedure, 1908 (In short
‘C.P.C ’) and proviso written statement can be taken on
record within 90 days from the date of receipt of writ of
summons. Admittedly, there is a delay on the part of
defendant, which can be considered by imposing justifiable
cost. Considering the nature of the suit, and the relief
sought valuable rights of defendant is involved in the
subject matter of the suit. Apart from this, if defendant is
permitted to file written statement, suit will be decided on
merit. It also curtails the multiplicity of the litigation. It is
settled principle of law that equal opportunity should be
-- 2 of 4 --
3
given to both parties. Therefore, it is just and equitable in
the eye of law to allow the defendant to file written
statement on record by condoning delay with justifiable
cost. Hence, from above discussions, I proceed to pass
following order.
ORDER
1. The Notice of Motion No.1046 of 2020 is made
absolute in terms of prayer clause (a) subject to
cost of Rs.1,000/-(Rs. One Thousand only) payable to
the plaintiff on or before next date.
2. On payment of cost, Written Statement of defendant
No.2 be taken on record.
3. The Notice of Motion No.1046 of 2020 is disposed off.
Date-03/03/2025. (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
Dictated on:03/03/2025.
Typed on :03/03/2025.
signed on :
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
05..02.2025 at 1.10 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt .A.V. Kasture,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 03.02.2025
Order signed by P.O. on 03.02.2025
order uploaded on 05.02.2025
-- 4 of 4 --