Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1443 OF 2019
IN
S.C. SUIT NO.2632 OF 2018
Dena Bank … Plaintiff
V/s.
M/s. Kori Travels & Anr. … Defendants
Appearances :
Ld. Adv. Mukta Sawant for plaintiff.
Ld. Adv. Vikram Singh for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 23rd SEPTEMBER, 2019
ORDER
Defendants have taken out this notice of motion for
allowing them to file written statement on record by condoning delay
and setting aside exparte order.
2. It is argued on behalf of defendant that on 12.01.2019
defendants have received the suit summons and due date was
26.02.2019. Defendant has approached advocate for making
appearance and filing written statement. So on that day defendant was
under bonafide impression that his advocate will appear on his behalf
and will take steps for filing written statement. However, on
26.02.2019 no one was appeared on behalf of defendants. So the Court
has passed the exparte order. The absence is not intentional one.
There is no reason for the defendants to delay the matter. They have
MHCC010037702019
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NM 1443/2019 .. 2 .. Suit No.2632/2018
very good case on merit. Therefore, said exparte order may be set
aside and their written statement be taken on record by condoning the
delay of 76 days.
3. Ld. Counsel for plaintiff has resisted the application on the
ground that defendant was well aware about Court date and the stage
of filing of written statement. Now he cannot blame his advocate for
his own wrong. So also considering the delay certain cost ought to have
been imposed.
4. It is a matter on record that defendants have received the
suit summons on 12.01.2019 for due date of 26.02.2019. So it was
necessary for them to appear on 26.02.2019. On that day in case of
their appearance Court could have been given them time to file written
statement. However, because of their absence there was no reason for
the Court to suemotto adjourn the matter for filing written statement.
However, it can be seen that the delay is not intentional one. On very
next day defendants have taken out this notice of motion. It goes to
show that there was no intention on their part to delay the matter. It is
better to decide the matter by giving opportunity to both the sides. At
the most in case of delay certain cost can be imposed. Accordingly the
order.
ORDER
1. NM No.1443/19 in SU No.2632/18 is hereby allowed.
2. The exparte order dated 26.02.2019 as well as the delay of
76 days in filing written statement is hereby set aside on
defendants paying cost of Rs.2,000/ to the plaintiff or to
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NM 1443/2019 .. 3 .. Suit No.2632/2018
deposit it in the Court on or before next date.
3. On compliance of cost order the written statement of
defendants be taken on record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 23/09/2019. City Civil Court, Gr. Mumbai
Dictated on : 23.09.2019
Transcribed on : 24.09.2019
Signed on : 25.09.2019
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
26.09.2019 05.30 p.m. Sanjay B. Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
23.09.2019.
Judgement/order signed by P.O on 24.09.2019.
Judgement/order uploaded on 25.09.2019.
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