Final Order 1

Order Details: Notice of Motion
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MHCC010032662020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1178/2020
IN
S.C. SUIT NO. 1994/2019
M/s. P. M. Constructions ….Plaintiff
Versus
Miss. Pamela Braganza. .... Defendant.
Appearance
Proprietor of plaintiff in person present.
Adv. Arun Singh for the defendant.
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
the defendant for condonation of about 88 days delay in filing written
statement.
2. Perused notice of motion alongwith affidavit of the
defendant 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, the
defendant was 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 the defendant 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 her advocate to
draft written statement were not handy and the defendant had to
struggle for documents.
6. Suit is for declaration that agreement for sale dated
14.08.2008 executed by and between the plaintiff and the defendant is
subsisting, valid and binding on the defendant. 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 the defendant to raise her substantial defence and for proper
adjudication of the suit in the interest of justice. Today itself the
defendant filed her written statement and counter claim on the record.
Hence defendant’s notice of motion no.110/2021 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.1178/2020 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. 1178/2020 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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