Final Order 1

Order Details: Notice of Motion
Pdf Text: .. 1 .. N/M No. 1472/19 in Suit No.232/15
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 1472 OF 2019
IN
Suit No. 232 OF 2015.
Mr. Bhaskar Puthran ...Plaintiff.
V/s.
1. Life Insurance Corpn. Of India and Ors.
...Defendants.
Plaintiff present. Advocate absent.
Advocate Mr. Cheulkar for Defendant nos. 1 to 4.
CORAM : HIS HONOUR JUDGE
MS. S. P. PONKSHE.
(Court Room No.12).
DATED : 30th JULY, 2019.
ORDER
1. This Notice of Motion has been taken out by
Defendant no. 1 for condoning delay of 1500 days in filing the
Written statement and for taking on record Written Statement. In
support of Notice of Motion, Defendant no. 1 has filed affidavit of
Nitin Bhosale.
2. The Plaintiff has filed reply to this N/M.
3. Perused affidavit in support of Notice of Motion.
Heard Learned advocate for Defendant no. 1 and Plaintiff in
person. According to Defendant no. 1, Defendant nos. 2 to 3 are
not necessary party and Defendant no. 1 has taken out Chamber
Summons in the year 2015. As the said Chamber Summons and
Notice of Motion taken out by the Plaintiff are pending, Defendant
no. 1 has decided to file Written Statement after decision of
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.. 2 .. N/M No. 1472/19 in Suit No.232/15
Chamber Summons. Further Learned advocate for Defendant no.
1 has stated that previous advocate on record who was looking
after the matter has become a District Judge. Present advocate has
filed Vakalatnama on 15.02.2016. According to Defendant no. 1,
as result of Chamber Summons awaiting Defendant no. 1 could
not filed Written Statement in time. The delay is not intentional
on the part of Defendant no. 1.
4. Besides it is contended by the Plaintiff that pending
Chamber Summons and Notice of Motion in the suit does not
prevent Defendant from filing Written Statement. Defendant no. 1
has failed to show reasonable cause for not filing Written
Statemnet within prescribed time. According to the Plaintiff,
Defendants have deliberately not filed Written Statement for
more than four year in order to delay the matter. Hence, prayed
for dismissal of Notice of Motion.
5. Admittedly Chamber Summons and Notice of Motion
are pending for hearing. It appears that Defendant nos. 2, 3 and 4
are the officers of Defendant no. 1. Chamber Summons seems to
be filed for deleting them from the suit as a defts. No doubt, for
pending the said Chamber Summons, Defendant no. 1 was not
precluded from filing Written Statement. In affidavit Nitin Bhosale
on behalf of Defendant no. 1 has stated that Defendant no. 1 was
awaiting for decision of Chamber Summons and delay was not
intentional and deliberate. In such circumstances, in order to
decide real controversial issues involved in the suit on merits, it is
just and proper to condone the delay and to take on record
Written Statement of Defendant no. 1 in the interest of justice.
There is substance in the submission of the Plaintiff that due to
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.. 3 .. N/M No. 1472/19 in Suit No.232/15
not filing Written Statement within prescribed time, delay has
been caused to proceed further with the suit. The said delay is to
be compensated to the Plaintiff in terms of money by imposing
heavy costs on Defendant no. 1. Thus, this Notice of Motion is to
be made absolute by imposing costs upon Defendant no. 1, in the
interest of justice. With this I proceed to pass the following order.
ORDER
1. Notice of Motion No. 1472 of 2019 is made absolute in
terms of prayer clause (a), subject to payment of costs of
Rs.8000/ payable by Defendant no. 1 to the Plaintiff on or
before next date.
2. On payment of costs, WS of Defendant no. 1 be taken on
record.
3. If Defendant no. 1 failed to make compliance, as per the
order, N/M will be dismissed automatically.
4. Notice of Motion No. 1472 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Mumbai.
Dated : 30.07.2019.
Dictated on : 30.07.2019.
Typed on : 30.07.2019.
Signed by HHJ on :
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