Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion NO.1011 of 2018
In
L.C.Suit No. 4624 of 2013
Yasmin Badruddin Khan & 2 ors ...Plaintiffs
V/s
The Municipal Corporation of Gr Mumbai
& two others ..Defendants
Advocate Girish Pawar for plaintiff
Advocate Mahajan for defendant /MMC
Adv. Rajiv Hingu for defendant no.3
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 19th September 2018.
(Court Room No.06)
O R D E R
1 Defendant no. 3 has taken out this notice of motion to
permit him to file the written statement on record.
2 According to defendant no. 3, plaintiff has filed the present
suit against defendant Municipal Corporation and the present
defendant. Defendant no. 3 had no knowledge about the pendency of
the suit. Defendant no. 3 came to know about the suit from his good
friend. Thereafter, defendant immediately contacted his advocate.
Plaintiff has mislead the Court. Writ of summons is not served on
defendant no. 3. Hence prayed to permit him to file the written
statement.
3 Plaintiff filed affidavit in reply and denied that defendant
no. 3 had no knowledge about the suit. Plaintiff denied that writ of
summons is not served on the plaintiff. According to plaintiff, there are
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no sufficient grounds to permit the defendant no. 3 to file written
statement on record. Hence, prayed to dismiss the notice of motion.
4 I have heard both the sides.
5 Perused the record. It appears that writ of summons is not
served on defendant no. 3. Defendant no. 3 appeared in the suit on
5/3/2018 and thereafter immediately filed present notice of motion on
26/3/2018. Thus, there is no delay on the part of defendant no.3 to
submit his written statement. Therefore, the ground mentioned by
defendant no.3 seems to be reliable. Hence, it is necessary to permit
defendant no.3 to file written statement. Accordingly following order:
ORDER
1 Notice of motion no. 1011 of 2018 is hereby
allowed.
2 Defendant no.3 is permitted to file written statement
on record.
3 Notice of motion no. 1011/2018 is disposed of
accordingly.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 19/09/2018
Typed on :19/09/2018
Signed by HHJ. :19/09/2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
24/9/2018 Mrs. S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
19/9/2018
JUDGEMENT/ORDER signed by
P.O. on
19/9/2018
JUDGEMENT/ORDER uploaded
on
24/9/2018
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