Final Order 1

Order Details: Notice of Motion
Pdf Text: NM.1316/19 in S.C. Suit no. 2625/18 1
Date : 11.07.2018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1316 OF 2019
IN
S.C. SUIT NO. 2625 OF 2018
(CNR.NO.MHCC010034092019)
M/s. Pudumjee Paper Products Ltd. ) .... Plaintiff
VERSUS
Mr. Rajesh Agarwal ) .... Defendant
Appearance:
Mr. Wamorkar, Ld. Advocate for plaintiff present.
Mrs. Devrupa Dey, Ld. Advocate for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 11th July, 2019.
: ORDER :
1. The defendant has filed instant Notice of Motion for condonation
of delay of 107 days in filing written statement.
2. It is contended by the defendant that he has received suit
summons on 08.10.2018. The defendant appeared on 22.10.2018.
However, the documents were not supplied alongwith plaint, therefore,
it was again supplied by the plaintiff on 30.10.2018. The defendant
ought to have filed written statement on or before 30.01.2019 but
defendant on 18.11.2018 met with an accident, in which he has
sustained injury to eye lid.
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NM.1316/19 in S.C. Suit no. 2625/18 2
3. It is further contended by the defendant that the defendant is
resident of Culcutta and it took time to communicate with the Advocate
at Mumbai. Therefore, the defendant could not file written statement
within time. Therefore, in the aforesaid circumstances delay of 107
days has occurred. The aforesaid delay is not intentionally and same
may be condone. If the delay is not condoned, it would prejudice to the
right of the defendant. Per contra the plaintiff opposed the application
by filing say on the ground that the defendant did not give sufficient
reasons and application is vague. Therefore, delay should not be
condoned.
4. Heard both the sides. Perused application and reply. It is specific
ground of the defendant that on 18.11.2018, he met with an accident.
As he filed medical certificate which shows that he has sustained injury
of eye lid for which suturing was done which was to be open after 6
days. It appears that before expiration of time limit, the defendant met
with an accident, however in the application, there is no pleadings
when the defendant not recovered. But in my view, if the delay is not
condoned and defendant is not allowed to file written statement that
would certainly affect his right to defend the suit. The incovenience
caused to the plaintiff can be compensated by awarding reasonable cost.
Thus, I proceed to pass the following order.
: ORDER :
1. The Notice of Motion No. 1316/2019 is hereby made absolute
in terms of prayer clause.
2. Delay of 107 days is hereby condoned, subject to the condition of
payment of cost of Rs. 2000/ to the plaintiff.
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NM.1316/19 in S.C. Suit no. 2625/18 3
3. The Notice of Motion No. 1316/2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 11.07.2019 Greater Mumbai
Dictated on : 11.07.2019
Transcribed on : 11.07.2019
Draft submitted on : 11.07.2019
Checked on : 12.07.2019
Signed on : 12.07.2019
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NM.1316/19 in S.C. Suit no. 2625/18 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/07/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
11/07/2019
JUDGMENT/ORDER signed by
P.O. on
12/07/2019
JUDGMENT/ORDER uploaded
on
12/07/2019
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