Full Order Text
Final Order 1 · 23 Jul 2019 · CNR MHCC010042812019
Order Details: Notice of Motion Pdf Text: 1 IN THE COURT OF SESSION FOR GREATER BOMBAY NOTICE OF MOTION NO.1583 OF 2019 IN S.C.SUIT NO.1350 OF 2018 Ishwar Nimbaram Chowdhary ...Plaintiff V/s Orra Realtors Pvt. Ltd. ...Defendants APPEARANCE: Ld.Advocate Narendra P.Jain for plaintiff. Ld.Advocate Diwakar R.Singh for defendant. CORAM :H. H. ADHOC & ASSISTANT SESSIONS JUDGE SHRI MILIND A.BHOSALE (COURT ROOM NO. 32) DATE : 23rd July, 2019 ORDER Perused Notice of Motion and reply. Heard Ld. Counsel for defendant and advocate for plaintiff. 2. According to defendant he has failed to file written statement within stipulated period and delay has been caused for 176 days. It is further submitted that the delay caused to file written statement on record and the delay is not intentional and deliberate. However, plaintiff oppose the submission and contended that, proper explanation is not offered by the defendant to satisfy the Court for condonation of delay. He further submitted that no satisfactory reason shown by defendant to condone the delay of 176 days. Lastly, It has been submitted that the Notice of Motion may kindly be dismissed. 3. I have gone through the entire record defendants only prayed for condonation of delay without filing written statement alongwith this -- 1 of 3 -- 2 application. Summons has been served to the defendant on 25/3/2019 thereafter he appeared and filed vakalatnama on 8/3/2019. However, failed to file written statement within a time as contemplated under O.VIII Rule 1 of C.P.C. As per O.VIII Rule 1 of CPC it was obligatory on the part of defendant to file written statement within 30 days or if any reason beyond his control within 90 days. However, defendant failed to obey the mandate of O.VIII Rule 1 of CPC. Further more if defendant want to condone the delay for more than 90 days then proper explanation is offered by defendant to satisfy the court for delay. If delay is bonafide and unintentional then the reasons mentioned in the application can be considered liberally. However, no explanation is offered by the defendant no satisfactory reason shown by the defendant. Under such circumstances only alternative in the hands of Court except to pass following order. ORDER Notice of Motion No.1583 of 2019 is dismissed. Date:23/07/2019 (Milind A.Bhosale) AdHoc Judge City Civil & Sessions Court, Gr.Bombay Dictated on : 23/07/2019 Typed on :24/07/2019 H.H.J.Signed on :24/07/2019 -- 2 of 3 -- 3 CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 24.07.2019 at 2.50 p.m. UPLOAD DATE AND TIME (Mrs.P.P.Khanvilkar) NAME OF STENOGRAPHER Name of the Judge HHJ SHRI M.A.BHOSALE (COURT ROOM NO.32) Date of pronouncement of judgment/order 23.07.2019 Judgment/order signed by P.O. on 24.07.2019 Judgment/order uploaded on 24.07.2019 -- 3 of 3 --