Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1315/2020 in S.C.Suit No. 2576/17. 1 Order.
MHCC010039762020
Presented on : 07-09-2020
Registered on : 07-09-2020
Decided on : 02-08-2022
Duration : 1 years, 10 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1315 OF 2020
IN
S. C. SUIT NO. 2576 OF 2017
Shree Pavnadevi Natya Mandal )...Applicant
IN THE MATTER BETWEEN
Mrs. Anita Avinash Sawant and one )...Plaintiffs
Versus
Shree Pavnadevi Natya Mandal and one )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 2nd AUGUST, 2022.
Shri Jayant Gaikwad, Advocate for defendant no.1.
Shri Prathamesh Mondal, Advocate for the plaintiffs.
ORDER
1. Defendant no.1 has taken out the notice of motion for
condonation of delay in filing written statement and for taking written
statement on record. Perused notice of motion and affidavit in reply
filed by plaintiffs. I have also gone through the suit proceedings. Heard
learned counsel Shri Jayant Gaikwad for defendant no.1 and learned
counsel Shri Prathamesh Mondal for the plaintiffs.
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N/m No. 1315/2020 in S.C.Suit No. 2576/17. 2 Order.
2. On perusal of the record, it appears that defendant no.1 has
been duly served with writ of summons on 09/12/2017 as per
acknowledgement annexed with affidavit of service (Exh.3). Defendant
no.1 had filed reply to N/m No. 4560/2017 and he was under
assumption that he has filed written statement in the matter.
Misconception of fact resulted into nonfiling of written statement.
Defendant no.1 is diligent in contesting the suit proceeding considering
his filing of reply to N/m No. 4560/2017 within reasonable period.
Therefore, it does not appear to be appropriate to deprive him from
placing his written statement on record. Hence, notice of motion can be
allowed by imposing the cost. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 1315/2020 is made absolute in terms
of prayer clause (a) subject to cost of Rs.10,000/ payable
to the plaintiffs or their learned counsel.
2. Defendant no.1 is directed to file written statement within
one month from the date of order of this Court by paying
cost as above.
3. Proceeding of N/m No. 1315/2020 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 02/08/2022. Mumbai.
1. Dictated online on : 02/08/2022.
2. Signed on : 02/08/2022.
3. Delivered to Certified :
Copy Section on
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N/m No. 1315/2020 in S.C.Suit No. 2576/17. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03/08/2022. 11.11 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 02/08/2022.
Judgment/Order signed by P.O. on 02/08/2022.
Judgment/Order uploaded on 03/08/2022.
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