Final Order 2

Order Details: Notice of Motion
Pdf Text: 1 NM No.133119 IN SUIT No.142817
MHCC010034452019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1331 OF 2019
IN
SUIT NO. 1428 OF 2017
Nirmala Ankush Bhaisade ] ...Plaintiff.
Versus
State of Maharashtra & Others ]…Defendants.
Appearance:
Ld. Advocate Dinesh Mishra for plaintiff.
Ld. Advocate Chandramore for Defendant/MCGM.
Ld. Advocate Kapse for Defendant No. 1 and 3/State.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 18/7/2022
ORAL ORDER
1) Defendant No.1 has taken out present Notice of Motion
for condonation of delay in filing its written statement and to take
on record written statement.
2) Perused the notice of motion, affidavit in support of
notice of motion, affidavit in reply of plaintiff and record. Heard
arguments advanced by Ld Advocate for defendant No.1 and Ld
Advocate for plaintiff.
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2 NM No.133119 IN SUIT No.142817
3) From the affidavit in support of notice of motion it
appears that letter of request was served to the defendant No.1 and 3
on 24/7/17 and as per order dtd.19/9/17 plaintiff was directed to
issue paper publication in respect of suit and then matter was
adjourned for compliance and filing written statement. The plaintiff
has not disputed the fact that defendant No.1 has affirmed written
statement on 25/9/17. Plaintiff has also not challenged the
contention of defendant No.1 that letter of request was not properly
served. From the record it appears that on 5/2/19 order to proceed
suit without written statement was passed.
4) From the matter on record it appears that plaintiff has
failed to bring on record any material so as to disbelieve the cause
mentioned in the affidavit in support of notice of motion for delay in
filing written statement. Therefore, from the affidavit in support of
notice of motion it appears that defendant No.1 has demonstrated
just and exceptional cause for non filing of written statement earlier
and for condonation of delay in filing written statement and for
setting aside the order to proceed without W/S to the extent of
defendant No.1. Moreover, considering the nature of the suit in the
interest of justice it will be appropriate to give opportunity to the
defendant No.1 to defend the suit by filing its written statement.
5) Considering the matter on record and above discussion
present notice of motion deserves to be made absolute. Hence, court
proceeds to pass the following order:
ORDER
1) Notice of Motion No. 1331 of 2019 is made absolute.
2) Written statement of Defendant No. 1 be taken on record if
tendered on or before next date.
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3) Notice of Motion No. 1331 of 2019 is disposed off accordingly.
Date : 18/7/2022 (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated & typed on :18/7/2022.
Checked on : 19/7/2022.
Corrected & signed on :19/7/2022.
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4 NM No.133119 IN SUIT No.142817
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
1/8/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
18/7/2022
JUDGMENT/ORDER signed by P.O.
on
19/7/2022
JUDGMENT/ORDER uploaded on 1/8/2022
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