Final Order 1

Order Details: Notice of Motion
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MHCC010032652020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1177/2020
IN
S.C. SUIT NO. 1993/2019
M/s. P. M. Constructions ….Plaintiff
Versus
Anthony Albuquerque & Anr. .... Defendants.
Appearance
Proprietor of plaintiff in person present.
Adv. Arun Singh for defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 15th January, 2021.
ORAL ORDER
Heard both parties on notice of motion moved on behalf of
defendants for condonation of about 88 days delay in filing written
statement.
2. Perused notice of motion alongwith affidavit of defendants
and reply of the plaintiff.
3. Advocate for plaintiff is absent. However, representative of
the plaintiff is present. He submitted that he has formal objection to
allow notice of motion.
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4. Perused the record. It appears that on 21.02.2020,
defendants were proceeded without written statement as time of 30
days in filing written statement is already over.
5. It is mentioned in the affidavit of notice of motion that
advocate for defendants given letter to advocate for plaintiff for
inspection of documents but reply is not received from advocate for
plaintiff. So also documents required for instructing their advocate to
draft written statement were not handy and defendants had to struggle
for documents.
6. Suit is for declaration that agreement for sale dated
27.09.2008 executed by and between the plaintiff and defendants is
subsisting, valid and binding on defendants. Suit is regarding
immovable property. It is well settled that none should be remained
unheard. Considering the nature of suit, fair opportunity needs to be
given to defendants to raise their substantial defence and for proper
adjudication of the suit in the interest of justice. Today itself defendants
filed their written statement and counter claim on the record. Hence
defendant’s notice of motion no.100/2021 for setting aside without
written statement order is allowed. However admittedly there appears
to be delay in filing written statement. Hence plaintiff needs to be
compensated in terms of money. Under the facts and circumstances,
following order is passed.
ORDER
1. Notice of motion no.1177/2020 is allowed.
2. Delay in filing written statement is condoned subject to payment of
costs of Rs. 1,000/- to the plaintiff.
3. Notice of motion no. 1177/2020 is disposed of.
(Sunil T. Soor)
Judge
Date : 15.01.2021 Gr. Mumbai.
Typed on : 15.01.2021
HHJ signed on : 15.01.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 15.01.2021, 5.00 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.02)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
15.01.2021
JUDGMENT/ORDER signed by P.O.
on
15.01.2021
JUDGMENT/ORDER uploaded on 15.01.2021
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