Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1191/2018 SUIT 55/2016 1
CNR. NO.MHCC010038332018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1191 OF 2018
IN
L.C..SUIT NO.55 OF 2016
Rakesh Redhu . .. Plaintiff
Versus
KEM Hospital & Others .. .. Defendants
Smt.Pratibha Gavahane advocate for the defendant No.1 and 2.
Plaintiff absent.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad Hoc Dist.Judge
CR No. : 32
Date : 9th August 2018
ORDER
1. Defendant No.1 and 2 taken out this motion for condonation of
delay of 706 days in filing written statement.
2. Suit pertains to KEM hospital. After getting the instructions from
the authority of KEM hospital written statement was prepared on
24/02/2017 and thereafter, same was affirmed on 01/03/2017 and was
kept ready for filing before the court but at the time of filing it was
learnt that there is a delay in filing the written statement. KEM is a
statutory body constituted under the provisions of Mumbai Municipal
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NM 1191/2018 SUIT 55/2016 2
Corporation Act. Various cases are pending against the Municipal
Corporation in the various courts of law, due to shortage of staff and
sometimes concerned officer are also not available, the action papers
could not trace out due to bulky overload and hence, all these reasons
causes delay in filing the written statement hence, prays that delay be
condoned and motion be made absolute.
3. Inspite of service of motion on plaintiff, plaintiff chosen not to file
reply on the motion hence, there is no reply on the motion.
4. Heard learned advocate Smt.Pratibha Gavhane for the defendant
No.1 and 2.Plaintiff and advocate absent.
5. Before entering into actual merit, in case of Srirang
Dhairyasheel Shirole & others Vs. Deccan Education Society
(2013(1) Mh.L.J.233) . It is held as “courts are required to adopt
liberal approach while acceptance of ‘sufficient cause’ and normally
explanation should be accepted as a rule and rejection thereof should be
in exceptional case”. By keeping well in mind this basic principle, I will
turn towards the factual aspect
6. The suit is for recovery of Rs.1,30,503/ with interest @ 18%
p.a. Considering the nature of the suit, opportunity must be given to the
defendants to put up their case before the court.
7. Order 8 Rule 1 of Civil Procedure Code is procedural and
directory in nature. Basic object of incorporation of Order 8 Rule 1 is to
curb mischief laid by unscrupulous litigants who caused delay in
disposal of cases. Departure from time schedule is permissible in case
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NM 1191/2018 SUIT 55/2016 3
when it is required to prevent injustice to the other side. However,
considering the reasons assigned by the defendants for condonation of
delay in filing written statement, I am of the view that if the delay is
condoned by imposing a cost of Rs.3000/ be deposited in the Legal
Aid Committee Office thereafter, defendants be allowed to put their
written statement on record then that will be justifiable, hence, I pass
the following order.
ORDER
1. Notice of Motion no. 1191/2018 Is made absolute subject to cost
of Rs.3000/(Rs.Three thousand only) be deposited in the Legal Aid
Committee Office on or before next date.
2. After compliance the written statement of defendants be taken on
record.
Date : 09/08/2018 (Pushpa N. Rao)
Ad Hoc Dist.Judge
Bombay City Civil Court
Greater Mumbai
Direct typed on computer : 09/08/2018
Signed by HHJ on : 09/08/2018
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NM 1191/2018 SUIT 55/2016 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13/08/2018 at (12.05 p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
09/08/2018
JUDGMENT/ORDER signed by
P.O.on
09/08/2018
JUDGMENT/ ORDER uploaded on 13/08/2018
.
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