Order 1

Order Details: Notice of Motion
Pdf Text: N/M 1239/18 in Su 1148/16 1/2 Date : 17.9.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.1239/2018
IN
SUIT NO.1148/2016
Suresh Govind Joshi ]... Plaintiff
V/s.
Sheila Botawala & Ors. ]… Defendants
Adv. Ravi Punjabi for plaintiff.
Adv. Rohan for defendants.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 17.09.2018
ORDER
(Dictated in open court)
1. By this motion, the defendants are seeking condonation of delay
of about one year in filing written statement and for setting aside order
dated 4.10.2017, whereby suit was directed to proceed exparte against
defendants.
2. Heard Ld. Counsel for the parties. Perused the record.
3. The Ld. Counsel for plaintiff has opposed this motion on the
ground that there is no explanation in the affidavit for inordinate delay
of almost one year in filing the motion.
4. As against this, the Ld. Counsel for defendants has submitted that
there is no willful negligence on the part of the defendants to appear in
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N/M 1239/18 in Su 1148/16 2/2 Date : 17.9.2018
the present suit.
5. A perusal of the affidavit filed in support of the motion shows that
the defendants have explained the reasons for delay in paragraphs no.6
to 11 of the affidavit. It is stated that the defendants came to know
about the order dated 4.10.2017 for the first time after meeting their
Advocate. The record also shows that the suit was once dismissed at the
stage of removing 'office objection' and it was subsequently restored on
27.6.2016. The defendants have made out sufficient cause for
condoning delay of one year as well as setting aside the order dated
4.10.2017. However, they are liable to compensate the plaintiff for
inordinate delay. Hence, following order.
ORDER
1. Notice of motion no.1239/2018 is made absolute in
terms of prayer clauses (a) and (b) subject to payment of
cost of Rs.5,000/ to plaintiff within two weeks failing
which the notice of motion shall be dismissed.
2. If the cost is paid, the written statement be taken on
record.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 17.9.2018 Gr. Bombay.
Dictated on : 17.9.2018
Transcribed : 18.9.2018
Signed on : 19.9.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
19.09.2018 at 4.40 pm (Mrs. S. W. Tuscano)
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N/M 1239/18 in Su 1148/16 3/2 Date : 17.9.2018
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
17.09.2018
JUDGMENT/ORDER signed by
P.O. on
19.09.2018
JUDGMENT/ORDER uploaded
on
19.09.2018
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