Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion NO.1166 of 2018
In
L.C.Suit no. 1181 of 2014
MHCC010037352018
Mr. Mukesh Kalyan Galia ..Plaintiff
V/s
Municipal Corporation of Gr. Mumbai ..Defendants
Advocate B.S.Sutar for defendant/MMC
Advocate Abbas Rizvi for plaintiff
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 14th January 2019
(Court Room No.06)
O R D E R
1 Defendant Municipal Corporation, Gr. Mumbai has taken
this notice of motion to condone the delay of 3 years and 6 months for
filing written statement on record.
2 According to defendant, defendant issued a notice to
plaintiff U/s 55 of MRTP Act. Subsequently final order is also passed.
Plaintiff has challenged the notice and order in this suit. Defendant is
the corporation and public body. Defendant is a vast organization. Due
to the work load and unavailability of the officer defendant could not
file written statement within time. Defendant has good cause to contest
the suit. Hence, prayed to allow the notice of motion.
3 Plaintiff filed say and resisted the notice of motion on the
ground that sufficient opportunity is given to the defendant to file a
written statement. Defendant has not followed the provisions of order 8
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rule 1 of Civil Procedure Code. The delay is not properly explained.
Hence prayed to dismiss the notice of motion.
4 I have heard Shri B.S.Sutar advocate for defendant and
Shri Abbas Rizvi advocate for plaintiff.
5 By this suit plaintiff has challenged the notice and order
U/s 55 of MRTP Act. Admittedly, there is a delay in filing the written
statement. However, the reasons mentioned by defendant seem to be
sufficient. Defendant is a corporation and public body. Defendant is
having vast organization. Further considering the nature of dispute, I
find that notice of motion deserves to be allowed. Therefore following
order:
ORDER
1 Notice of Motion No 1166 of 2018 is hereby allowed in
terms of prayer clause (a) of the notice of motion.
2 Defendant is permitted to file written statement on
record.
3 Notice of motion is disposed of accordingly.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay
Dictated on : 14/01/2019
Typed on : 14/01/2019
Signed by HHJ. : 15/01/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
16/1/2019 S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
14/01/2019
JUDGEMENT/ORDER signed by
P.O. on
15/1/2019
JUDGEMENT/ORDER uploaded
on
16/1/2019
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