Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1311 OF 2019
IN
S.C. SUIT NO.616 OF 2018
Bridgestone India Pvt. Ltd. … Plaintiff
V/s.
M/s. Mazda Tyres … Defendant
Appearances :
Ld. Adv. Ajinkya Kurudkar for plaintiff.
Ld. Adv. Krishnan for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 17th JULY, 2019
ORDER
Defendant has taken out this notice of motion for setting
aside no written statement order and to take his written statement on
record.
2. It is argued on behalf of defendant that on 30.10.2018 he
was served with writ of summons without copies of plaint and
compilation of documents. Therefore he was not in position to file
written statement. On 15.12.2018 he has received those copies in the
Court and therefore there is no delay in preferring present application.
He has good case on merit. His valuable rights and interest are
involved. As a rule of natural justice no one should be condemned
unheard. His written statement is ready. The delay is not intentional.
MHCC0100 3376 2019
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NM 1311/2019 .. 2 .. Suit No.616/2018
Accordingly prayed for setting aside no written statement order.
3. Plaintiff has resisted this application on the ground that
there was proper service on 30.10.2018. If writ of summons was served
without copies of plaint and documents then it was for defendant to
make attempt to collect those copies. Even assuming that on
15.12.2018 he has received the copies, then also there is little delay in
filing this application. In order to delay the matter defendant has filed
this application. The delay is not properly explained and therefore it
may not be condoned.
4. It is a matter on record that suit summons was served on
defendant on 30.10.2018. Now as per defendant it was served without
copies of plaint and for first time on 15.12.2018 defendant has received
the copies of plaint and documents. On that day plaintiff without any
submission tendered the copies of plaint and documents to defendant.
It supports the contention of defendant that writ of summons was
served without copy of plaint and documents. Considering the date of
receipt as 15.12.2018 this application ought to have been filed on or
before 15.03.2019. However, this application is filed on 26.03.2019
causing ten days delay. However in order to give full and fair chance
the delay can be condoned. Moreover matter should be decided on
merit for giving finality to the dispute. Therefore, defendant can be
permitted to file written statement on record. Accordingly the order.
ORDER
1. NM No.1311/19 in SU No.616/18 is hereby allowed by
condoning the delay.
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NM 1311/2019 .. 3 .. Suit No.616/2018
2. No WS order dt.28.01.2019 is hereby set aside and defendant is
permitted to file written statement on record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 17/07/2019 City Civil Court, Gr. Mumbai
Dictated on : 17.07.2019
Transcribed on : 18.07.2019
Signed on : 20.07.2019
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
23.07.2019 11.30 a.m. Sanjay Baliram Kaskar
(StopGap Stenographer)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
17.07.2019.
Judgement/order signed by P.O on 20.07.2019.
Judgement/order uploaded on 23.07.2019.
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