Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1417 OF 2019
IN
S.C. SUIT NO.920 OF 2014
Niranjan Vasantlal Maniar … Plaintiff
V/s.
Jyoti Ltd. (Switchgear Division) … Defendant
Appearances :
Ld. Adv. Ganesh Shetty for plaintiff.
Ld. Adv. Sankalan Das for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 29th June, 2019
ORDER
Defendant has taken out this notice of motion for setting
aside exparte order and to take written statement on record.
2. It is argued that said suit was stayed by Hon'ble Court in
August 2015 because of pendency of matter before BIFR under section
22 (1) of SIC Act. Said stay came to be vacated on 19.10.2018 and the
matter was posted for exparte evidence. The defendant was not aware
about vacating the stay and therefore he has not filed written statement.
The delay is not intentional one. Defendant has every hope of success
in the matter. Therefore exparte order may be set aside and written
statement may be taken of record.
MHCC010036482019
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NM 1417/2019 .. 2 .. Suit No.920/2014
3. Plaintiff has resisted this application on the ground that
defendant was well aware about order of vacating the stay. Despite the
knowledge defendant has neglected and avoided to file written
statement on record. Now in order to delay the matter defendant is
playing tactics. Therefore application may not be allowed.
4. It is a matter on record that as the matter was pending
before BIFR, the suit was stayed. Said stay came to be vacated on
19.10.2018. It is the contention of defendant that he was not aware
about stay vacating order and therefore he has not filed the written
statement. For the reasons to contrary I have no hesitation to accept
the contention of defendant that as the stay was going on he has not
taken recourse to file the written statement. As now he is ready to file
written statement there is no reason for this Court to deny him from
filing the written statement. This is so because as far as possible matter
must be decided on merit by giving full opportunity to the parties. As
per rule of natural justice no one should condemned unheard. At the
most because of delay some cost can be imposed. Accordingly the
order.
ORDER
1. NM No.1417/19 in SU No.920/14 is hereby allowed.
2. The exparte order against defendant is hereby set
aside on payment of cost of Rs.5,000/ to be paid on
or before next date to plaintiff or to deposit in the
Court.
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NM 1417/2019 .. 3 ..
Suit No.920/2014
3. On payment of cost WS of defendant be taken
on record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 29/06/2019 City Civil Court, Gr. Mumbai
Dictated on : 29.06.2019
Transcribed on : 04.07.2019
Signed on : 04.07.2019
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
10.07.2019 05.00 p.m. Sanjay Baliram Kaskar
(StopGap Stenographer)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
29.06.2019.
Judgement/order signed by P.O on 04.07.2019.
Judgement/order uploaded on 10.07.2019.
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