Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 1115 OF 2020
IN
COMMERCIAL SUIT NO. 167 OF 2019
(CNR NO. MHCC010031422020 )
The Global Associates ]...Plaintiff
V/s.
Economy Refrigeration Pvt. Ltd. ]...Defendants
Appearances:
Ld. Adv. Girish Paryani I/b A & G Legal Associates for plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 26th February, 2021.
ORDER
The defendants by this notice of motion seeks permission to
file written statement. The defendants also seeks to condone the delay
in filing the written statement.
2. Heard learned Advocate Mr. Girish Paryani for the plaintiff.
3. Perused the notice of motion and the Affidavit in support of
notice of motion filed by Advocate for the plaintiff.
4. It is the case of the defendants that it was served on
09.01.2020. On appearance by the defendants, the suit was adjourned
on 31.01.2020 for filing the written statement of defendant. The
defendants were travelling from 15.01.2020 and other occasions for
work commitments. Therefore, the written statement could not be
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filed. It is the case of the defendants that he has a good cause for
condoning the delay in filing the written statement.
5. The plaintiff had filed the say to the notice of motion and
filed Affidavit in support of notice of motion. It is contended that delay
is not explained properly by the defendants. Therefore, notice of
motion need not be entertained and deserves to be rejected.
6. It needs to be mentioned that defendants were served on
09.01.2020. The defendants further had 30 days to file written
statement. The defendants had 30 days till 08.02.2020 to file written
statement. The defendants had preferred the present notice of motion
on 13.03.2020. The defendant had prayed for condoning the delay and
permission to file written statement. The period of 120 days is not over
for filing the written statement.
7. The defendants have a right to file written statement, if
they show sufficient cause for not filing the written statement. It is the
case of the defendants that Directors of the defendants were traveling
because of work commitments and could not file written statement.
The delay, therefore, deserves to be condoned. At the same time, the
interest of the plaintiff needs to be secured. The interest of the plaintiff
can be secured by awarding cost of Rs. 1,000/. In the result, following
order is passed.
O R D E R
1. The Notice of Motion No. 1115/2020 is allowed.
2. The delay to file the written statement is condoned.
3. The defendants are permitted to file the written statement subject to
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cost of Rs. 1,000/ to be paid to the plaintiff.
4. The defendants to file written statement forthwith.
5. The notice of motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 26.02.2021 Gr.Bombay at Mumbai.
Dictated on : 26.02.2021
Typed on : 01.03.2021
Signed by H.H.J.on : 01.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.03.2021 at 5.40 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
26.02.2021
Judgment/order signed by P.O. on 01.03.2021
Judgment/order uploaded on 01.03.2021
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