Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N/M No. 1233/2018 in S.C. Suit No. 875/2011
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 1233 OF 2018
IN
S.C. SUIT NO. 875 OF 2011
Our Lady of Vailankanni and Perpetual ]
Succour Cooperative Housing Society Ltd., ]...Plaintiffs.
V/s.
St. Michael's Church & Ors. ]...Defendants.
Appearance :
Advocate Mr. Bhatt for the plaintiffs.
Advocate Mr. Jerin Lapasiya for defendant No.3
Advocate Mrs. Prabhu for defendant No.5/MHADA
CORAM : HIS HONOUR JUDGE
SHRI NANDKISHOR L. MORE
(Court Room No.12)
DATED : 20th APRIL, 2018.
O R D E R
This Notice of Motion taken out by the defendant No.3 for
setting aside order dated 05.01.2018 thereby suit was proceeded
without additional Written Statement of defendant No.1 to 5.
2. It is the contention of the defendant that the amended copy
of the plaint served on defendants on 06.11.2017, thereafter the
defendant sought inspection of the documents relied upon by the
plaintiff and lastly, plaintiff granted inspection on 14.02.2018. It is
contended that if additional Written Statement of defendant No.2 not
taken on record it would cause grave prejudice to the defendants.
3. Plaintiff filed reply to this Notice of Motion and contended
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:2: N/M No. 1233/2018 in S.C. Suit No. 875/2011
that this Notice of Motion is taken out by the defendants with only
intention to delay the matter which is time bound by the Hon'ble High
Court Order dated 03.07.2017. The documents which are referred in
the amended plaint are the documents of the defendant No.3, therefore,
according to the plaintiff the reason set out in the Notice of Motion are
misconceive and false.
4. Heard the Ld. Advocate Mr. Bhatt for the plaintiff and Ld.
Advocate Mr. Jerin Lapasiya for defendant No.3. The matter is time
bound by the Hon'ble High Court. Only because the inspection of the
document was not given to the defendants it cannot be considered as
the valid reason for non filing of additional Written Statement by the
defendants, since parties are pursuing the suit since the year 2011. Most
of the documents have been exchanged by the parties. However, to give
fair opportunity to the defendants, in the interest of justice this Notice
of Motion can be allowed subject to the cost of Rs. 3,000/ to be
credited with District Legal Services Authority. Hence, the Order :
O R D E R
1. Notice of Motion No. 1233/2018 is made absolute in prayer
clause (a), (b) and (c) subject to the cost of Rs. 3,000/ to be
credited with District Legal Services Authority.
2. Written Statement of defendant No.2 be taken on record
forthwith on compliance of order.
Date : 20.04.2018 [N.L. MORE]
Judge, City Civil Court,
(C.R. No.12), Gr. Mumbai.
Dictated on : 20.04.2018
Typed on : 20.04.2018
Signed by HHJ on : 03.05.2018
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:3: N/M No. 1233/2018 in S.C. Suit No. 875/2011
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.05.2018, 3:51 p.m. SUBHASH S. POUL
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI NANDKISHOR L. MORE
(Court Room No.12)
Date of Pronouncement of
JUDGEMENT/ORDER
20.04.2018
JUDGEMENT/ORDER signed by
P.O. on
03.05.2018
JUDGEMENT/ORDER uploaded on 03.05.2018
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