Final Order 2

Order Details: Notice of Motion
Pdf Text: Order in Notice of Motion
No. 1542 of 2019.
MHCC010041152019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1542 OF 2019.
IN
SHORT CAUSE SUIT No.2578 of 2017.
Mr. Vinod Shetty … Applicant /
Defendant No.2
In the matter between
Mr. Purshottam Behra …Plaintiff.
V/s.
1.Shakti Natural Gas Pvt. Ltd. And Ors. ...Defendants
Appearance:
Adv. Shashikala Rajak for Plaintiff.
Adv. Jasmita Kaur for Defendants.
CORAM : SHRI S. B. PAWAR
JUDGE, (C.R.No.59)
DATE : 24th APRIL, 2023.
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Order in Notice of Motion
No. 1542 of 2019.
ORDER
Defendant No. 2 has taken out the Notice of Motion with a
prayer to condone the delay of 452 days in filing written statement and
to take on record his written statements.
2. Perused the Notice of Motion, supporting affidavit and
affidavit in reply filed by the plaintiff. Heard Ld. advocates appearing
for the both sides.
3. While explaining delay, defendant No.2 has contended that
Writ of Summons was served upon him on 29.11.2017 and immediate
thereafter he took out Notice of Motion No. 4534 of 2017 for rejection
of plaint under Order VII Rule 11 of the Code of Civil Procedure,1908
(in short CPC). He did not file written statement expecting that the
Notice of Motion may be allowed. However, it was dismissed by order
dated 22.02.2019 and thereafter he is filing his written statement. The
said explanation is disputed by the plaintiff as not satisfactory. Plaintiff
has contested the prayer on the ground that delay is intentional and
deliberate and thus, prayed that the Notice of Motion be dismissed.
4. It is matter of record that defendant No.2 appeared on
08.12.2017 through advocate and on the same day he tendered Notice
of Motion under Order VII Rule 11 of CPC. The said Notice of Motion is
rejected vide order dated 22.02.2019 and thereafter on the next date,
on 28.03.2019, defendant No.2 took out the present Notice of Motion.
In view of the fact that defendant No.2 had, immediately on
appearance, taken out the Notice of Motion under Order VII Rule 11 of
the CPC and after rejection of the same, on the next date he has filed
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Order in Notice of Motion
No. 1542 of 2019.
the present Notice of Motion, the delay on the part of defendant No.2
does not appear to be deliberate or intentional. Therefore, the delay in
filing written statement can be condoned by imposing suitable costs.
Thus, the Notice of Motion deserves to be allowed subject to cost. In
the result, following order is passed :
ORDER
1. Notice of Motion No. 1542 of 2019 is made absolute in
terms of prayer clause (a) and (b) subject to cost of Rs. 2,500/
(Rs. Two Thousand Five Hundred Only) to be paid to the other
side.
2. Defendant No. 2 shall comply the above order of cost on or
before the next date.
3. Notice of Motion No. 1542 of 2019 is disposed off
accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:24.04.2023 Greater Bombay (CR 59)
Declared on : 24.04.2023
Dictated on : 24.04.2023
Transcribed on : 24.04.2023
Checked on : 25.04.2023
Signed on : 28.04.2023.
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Order in Notice of Motion
No. 1542 of 2019.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.05.2023 at 4.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 24.04.2023
Order signed by P.O. on 28.04.2023
order uploaded on 06.05.2023
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