Order 1

Order Details: Notice of Motion
Pdf Text: NM 4064/18 in SU 724/18 .. 1 .. Order
CNR No. MHCC010135842018.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4064 OF 2018
IN
SUIT NO. 724 OF 2018
Sohan Singh S/o. Tehal Singh Sarai & Ors. ...Plaintiffs.
V/s.
Bharat Petroleum Corporation & Anr. ...Defendants.
Appearances:
Ld. Adv. Mr. Avinash Kango for plaintiffs.
Ld. Adv. Mr. S.R. Page for defendants No.1 and 2.
Ld. Adv. Mr. Ramesh Jadhav for defendants No.3.
CORAM : HIS HONOUR JUDGE
SHRI SADRUDDIN A. QUAZI
(C.R.No.04)
DATED : 17th November, 2018.
: ORAL ORDER :
1. This Notice of Motion is taken out by defendants No.1 and 2 with
a prayer to condone delay occurred in filing the written statement and
to allow the defendants to file the written statement.
2. In support of the Notice of Motion, the affidavit has been filed, in
which it is submitted that delay of about 5 months has occurred on
account of transfer of officials of the defendants.
3. The plaintiff has filed reply affidavit and has opposed the Notice
of Motion contending that the aforesaid ground raised by the defendant
is not at all satisfactory. The learned Advocate of the plaintiff has
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NM 4064/18 in SU 724/18 .. 2 .. Order
submitted that the defendants No.1 and 2 were very well aware that the
matter was fixed for hearing before this Court on 11.07.2018. It is also
admitted that on 24.03.2018, they had received the writ of summons
and, therefore, from 24.03.2018, the defendants No.1 and 2 should
have given top priority to the instant matter in respect of the drafting of
written statement and giving instruction to their Advocate. It is
submitted by the learned Advocate of the plaintiff that the delay has
been caused by the defendants deliberately and due to their negligence,
the delay has occurred. The learned Advocate of the plaintiff has
therefore, submitted that the Notice of Motion is liable to be dismissed.
4. I have heard the submissions of respective Advocates of the
parties. No doubt, there is delay of about 5 months. However, I do not
find merits in the submissions of the learned Advocate of the plaintiff
that the transfer of the concerned officials cannot be a genuine ground
of explanation of delay occurred in filing the written statement. The
defendant No.1 is a limited company and defendant No.2 is its
Manager. Being so, the concerned officials having direct information of
the facts pertaining to the dispute would be relevant, and because of
their absence, the delay can be said to have occurred. In such
circumstances, it cannot be said that defendants No.1 and 2 cannot be
allowed to file written statement, even by compensating the plaintiff by
way of cost. The reasonable cost, in the aforesaid circumstances and
considering the status of the parties being business related persons and
limited companies, would be an amount of Rs.10,000/. Hence, by
directing the defendants to pay collectively an amount of Rs.10,000/
towards cost to the plaintiffs, the delay may be condoned. In these
terms, the Notice of Motion may be allowed. Hence, I pass the following
order.
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NM 4064/18 in SU 724/18 .. 3 .. Order
: O R D E R :
1. The Notice of Motion No. 4064 of 2018 is
allowed in following terms :
(i) The delay occurred in filing the
written statement by the defendants No.1
and 2 is hereby condoned and they are
allowed to file their written statement.
(ii) The defendants No.1 and 2 shall
jointly and severally pay an amount of
Rs.10,000/ to the plaintiffs towards cost.
(iii) In these terms, the Notice of Motion
stands disposed of accordingly.
(SADRUDDIN A. QUAZI)
Judge, (C.R.No.4)
Date : 17.11.2018. City Civil Court, Gr. Mumbai
Dictated on : 17.11.2018.
Transcribed on : 17.11.2018.
Signed on : 19.11.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19.11.2018, at 1.49 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S. A. Quazi
Court Room No.4
Date of Pronouncement of Judgment/order 17.11.2018.
Judgment/order signed by P.O. on 19.11.2018.
Judgment/order uploaded on 19.11.2018.
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