Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 755 OF 2024
(CNR No. MHCC01-001976-2024)
IN
L.C.SUIT NO.1342 OF 2018
Mr. Conrad D'Souza & Anr. … Plaintiffs.
V/s.
1. Michael Debu Martin & Ors ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 20/02/2024
Adv. Pratibha Dhamapurkar for the plaintiff.
Adv. Shantanu Latpate for the defendant No.1
Adv. Ms. Meena Dhuri for the defendants/BMC.
ORAL ORDER
This Notice of motion is taken out by the defendant
Nos. 2 to 4 for seeking permission to file Written statement on
record by condonation of delay. Plaintiff objected present
Notice of motion.
2. Read notice of motion and reply filed by the
plaintiff. Heard both the sides.
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3. This is a suit for declaration in respect of tenancy
document and injunction. As per record and proceeding,
defendant Nos.2 to 4 served with writ of summons on
11.09.2018. From the record it is clear that there is delay of
five years. No doubt, defendant Nos.2 to 4 is a statutory body
and there are so many litigations are pending against BMC.
Grounds mentioned by defendant nos. 2 to 3 in respect of
nature of work carried out by defendant nos. 2 to 4 found to
be just and reasonable one. Apart from this, it is settled
principle of law that equal opportunity should be granted to
both the parties by following principle of audi-alteram-partem.
Learned Advocate for plaintiff, expressed his submission that
cost be imposed.
4. In the present case, there is a considerable delay on
the part of defendant nos.2 to 4 for filing written statement on
record. The said delay can be considerable by imposing
justifiable costs. If defendant Nos. 2 to 4 are permitted to file
written statement subject to costs then it will not cause
prejudice to the rights of plaintiff. On the contrary, suit will be
decided on merit. It also curtail the multiplicity of litigation.
Therefore,for final adjudication of the suit on merit, it is just
and equitable in the eye of law to grant permission to
defendant Nos. 2 to 4 for filing written statement. Accordingly,
I proceed to pass following order.
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ORDER
1. Notice of motion No.755/2024 is made absolute in terms
of prayer clause (a) and (b) subject to costs of Rs.1000/-
payable to plaintiff.
2. Upon payment of cost of Rs.1000/- by defendant Nos.2 to
4 to plaintiff, written statement of defendant Nos.2 to4
be taken on record.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Notice of motion No.755/2024 is disposed off.
Date-20.02.2024 (R. B. Parvekar)
Ad-hoc Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 2 0 . 0 2 . 2 0 2 4
Ty p e d o n : 2 0 . 0 2 . 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/02/2024 06.00 p.m ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
20/02/2024
JUDGMENT/ORDER signed by
P.O.on
21/02/2024
JUDGMENT/ORDER uploaded on 21/02/2024
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