Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.1192 OF 2019
IN
L.C. SUIT NO. 1351 OF 2017
(CNR NO. MHCCO10030632019)
Sukhprit Singh S/o.Rajendra Singh Chadha )
Aged about 48 years of Mumbai adult, Indian )
Inhabitant, Owner in respect of Shop No. 23, )
Unit No.2, situated at Meher Estate, Below )
Mahalaxmi Bridge, Mahalaxmi, Mumbai34. )...Plaintiff.
Versus
Municipal Corporation of Greater Mumbai )
A Body incorporated under the provisions of )
B.M.C.Act having its office at Mahapalika )
Bhavan, Mahapalika Marg, Mumbai400 001. )
Through Asst. Municipal Commissioner, )
'G/South' Ward Office Building, N.M.Joshi Marg )
Elphinstone, Mumbai400 018. )...Defendants.
Appearance:
Advocate Mrs.Narvekar for plaintiff.
Advocate Mr. Kumavat for Defendants/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 15th JUNE,2019.
(C.R.No.06)
O R D E R
This notice of motion is filed on behalf of the
Defendants/Municipal Corporation of Greater Mumbai for setting aside
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no reply and written statement order. This notice of motion is resisted
on behalf of the plaintiff by filing reply on record dated 20/03/2019.
Read the present notice of motion and reply. Perused record.
2. Ld. advocate on behalf of the defendants/MMC has argued
that the defendants being statutory and public body and a vast
organization and due to heavy workload these defendants failed to file
the reply and written statement in time. In support of his contention,
the employee of defendants Shri Dhondiram Vitthal Chaudhari filed his
affidavit alongwith this notice of motion.
3. Ld. advocate on behalf of the plaintiff has argued that the
defendants have not explained each and every date for causing the
delay for filing reply and written statement within stipulated period. On
these grounds, the Ld. advocate for the plaintiff has requested that the
present notice of motion filed by the defendants may kindly be
dismissed.
4. After scrutiny of the present notice of motion, affidavit of
the employee of the defendants namely Shri Chaudhary, reply filed on
behalf of the reply, admittedly, the defendants could not file its reply
and written statement within stipulated period. Considering the reasons
mentioned in this notice of motion and affidavit of the employee of the
defendants, I am of the opinion that it requires to set aside the order for
filing reply and written statement of the defendants. If the defendants
permitted to file reply and written statement, the matter will be decided
on merit. Therefore, I proceed to pass the following order.
ORDER
1. No reply and W/s order is hereby set aside.
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2. Notice of Motion No.1192/18 is disposed of accordingly.
Date : 15.06.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 15.06.2019
Transcribed on: 17.06.2019
Signed by HHJ : 19.06.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19/06/2019 3.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
15/06/2019
Judgment/order signed by P.O on 19/06/2019
Judgment/order uploaded on 19/06/2019
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