Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1145/2020 in Suit No. 414/2020. 1 Order.
MHCC010031982020
Presented on : 14-03-2020
Registered on : 14-03-2020
Decided on : 02-07-2022
Duration : 2 years, 3 months, 19 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1145 OF 2020
IN
SUIT NO. 414 OF 2020
Sujata Raghuvir Bhawsar )...Plaintiff
Versus
Rajesh Shrikrishna Bhavsar and one )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 2nd JULY, 2022.
Shri Sanjay P. Patankar, Advocate for defendant no.2.
Mrs. Seema Chopda & Ms. Ishwari Sabadra, Advocate for the plaintiff.
Shri Vikas C. Rele, Advocate for defendant no.1.
ORDER
1. Constituted Attorney of defendant no.2 has taken out the
notice of motion for condonation of delay of 48 days in filing written
statement and for taking written statement on record. Perused notice of
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N/m No. 1145/2020 in Suit No. 414/2020. 2 Order.
motion, affidavits in reply filed by the plaintiff and defendant no.1 and
rejoinder. I have also gone through the suit proceedings. Heard
learned counsel Shri Sanjay P. Patankar for defendant no.2, learned
counsel Shri Vikas C. Rele for defendant no.1 and learned counsel
Seema Chopda for the plaintiff.
2. On perusal of the record, it appears that defendant no.2 is
served with writ of summons on 21/01/2019 as per bailiff report of writ
of summons (Exh.7). Present notice of motion is filed on 15/04/2019
with copy of written statement filed by C.A. of defendant no.2.
Defendant no.2 should have filed written statement on or before
20/02/2019. There is delay of 48 days in filing written statement.
3. Learned counsel Shri Vikas C. Rele submitted that
defendant no.2 is supporting the case of the plaintiff and there is no
question of filing the written statement. He further submitted that
affidavit in support is filed by defendant no.2 and it is affirmed by C.A.
By submitting these aspects, he prayed for rejection of the notice of
motion.
4. Though delay of 48 days is caused, defendant no.2 has
placed written statement on record before the expiry of maximum limit
of 90 days to file written statement from the date of service. Delay is
not inordinate. It is specifically mentioned in affidavit in support that
C.A. of defendant no.2 was sick during 11/02/2019 to 25/02/2019 and
he was advised to take rest. Affidavit in support is filed by C.A. of
defendant no.2 and it is affirmed by him. Therefore, it can be taken
into consideration. The defendants can't be prevented from filing
written statement on the ground that they are supporting to the
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N/m No. 1145/2020 in Suit No. 414/2020. 3 Order.
plaintiff. It is for the reason that contents in written statement are the
basis to confirm whether the defendants are supporting to the case of
the plaintiff or not. Therefore, stage of judgment on admission is
mentioned in Order XII Rule 6 of the CPC which is subsequent to the
stage of filing of written statement. In short, objections raised by
defendant no.1 are not sustainable. Considering all above discussion,
notice of motion is liable to be allowed. Hence, I pass the following
order :
ORDER
1. Notice of Motion No. 1145/2020 is made absolute in terms
of prayer clause (a) and (b).
2. Written statement filed by C.A. of defendant no.2 is marked
as Exh.10.
3. The proceeding of N/m No. 1145/2020 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 02/07/2022. Mumbai.
1. Dictated online on : 02/07/2022.
2. Signed on : 02/07/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 1145/2020 in Suit No. 414/2020. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/07/2022. 12.01 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 02/07/2022.
Judgment/Order signed by P.O. on 02/07/2022.
Judgment/Order uploaded on 05/07/2022.
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