Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1468-19 in SC. Suit no. 413-18
1 Date : 03.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1468 OF 2019
IN
S.C. SUIT NO. 413 OF 2018
(CNR NO.MHCC01 0038632019 )
M/s. Geeta Govind Narkar .. Plaintiff
Versus
Prerna Cooperative Housing Society & Ors. .. Defendants
Appearances :
Adv.Ajay Pande for plaintiff present.
Adv.Rajesh Patil for defendant no.5 present.
Adv.Rajan Thakkar for defendant no.4 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 03.10.2019
ORDER
1. The defendant no. 1 has filed instant Notice of Motion for
condonation of 213 days delay in filing Written Statement.
2. It is contended by the defendant no. 5 that he has been
served with the suit summons on 20.08.2018. As soon as he has
received suit summons, on 21.08.2018, 27.08.2018, 08.09.2018
and 17.09.2018 his lawyer had issued several notices to the
plaintiff for inspection of documents. However, the plaintiff vide,
letter dated 12.09.2018 offered inspection of some of the
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NM 1468-19 in SC. Suit no. 413-18
2 Date : 03.10.2019
documents and complete the inspection of documents as not
granted till date.
3. It is further contended that due to some unhealthy situation
in the defendant company and personal difficulties of the director,
the proper instructions could not be given to their advocate. The
defendant no. 5 is also facing legal battle in other Court and
therefore, directors of the defendant no. 5 were busy in those
proceedings. Hence, delay of 213 days has been caused in filing
Written Statement. It is contended that the defendant has good
case on merit as well as on law. If, the delay is not condoned and
Written Statement is not taken on record, the great prejudice
would cause to the defendant. Hence, defendant prayed for
condonation of delay and permission to file Written Statement on
record.
4. The plaintiff opposed the instant Notice of Motion by giving
say overleaf, on the ground that there is no sufficient reasons
assigned by the defendant to condone the delay and plaintiff
prayed for rejection of Notice of Motion.
5. Heard both the sides. Perused Notice of Motion, say. On the
basis documents filed by the defendant no. 5 which clearly shows
that the defendant no. 5 time and again by various correspondence
issued to the plaintiff sought for the inspection of documents
which was granted belatedly. Therefore, in my view, there is
sufficient reasons assigned to condone the delay. Even otherwise
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NM 1468-19 in SC. Suit no. 413-18
3 Date : 03.10.2019
also in the event delay is not condoned, the matter would proceed
Exparte against the defendant no. 5 and suit will not be decide on
its merit. Therefore, in order to proper adjudication of the matter,
in my view, the delay can be condoned and defendant no. 5 can be
allowed to file its Written Statement. The inconvenience caused to
the plaintiff can be compensated by awarding reasonable cost of
Rs. 3,000/ . Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 1468 of 2019 is hereby made absolute
in terms of prayer clause “a and b” subject to the condition,
the defendant no. 5 to pay cost of Rs. 3,000/ to the plaintiff.
2. After payment of the aforesaid amount, Written Statement
be taken on record.
3. In view of the above, Notice of Motion No. 1468 of 2019 is
disposed off.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 03.10.2019 Greater Bombay.
Dictated on : 03.10.2019
Typed on : 03.10.2019
Draft Submitted on : 03.10.2019
Checked on : 05.10.2019
Signed on : 05.10.2019
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NM 1468-19 in SC. Suit no. 413-18
4 Date : 03.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05/10/2019 at 3.30 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
03/10/2019
JUDGMENT/ORDER signed by P.O.
on
05/10/2019
JUDGMENT/ORDER uploaded on 05/10/2019
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