Final Order 1

Order Details: Notice of Motion
Pdf Text: N.M.1604/19 in SC 2309/2018 1
Date :10.07.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1604 OF 2019
IN
S.C. NO. 2309 OF 2018
(CNR.NO.MHCC010043492019)
Keshav Atmaram Korgaonkar ) ….Plaintiff
VERSUS
Shibu Daniel Joy & Anr. ) .... Defendants
And
Mr. Chotelal Ramdin Varma ) .... Respondent
Appearances:
Mr. Jagdish Choudhary, Ld. Advocate for plaintiff present.
Mr.Sabina Badra, Ld. Advocate for defendant no.1 and 2.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 10th July, 2019.
: ORDER :
1. The Defendant has filed instant Notice of Motion for condonation
of 132 days delay in filing Written Statement. It is contended by the
defendants that they were served with suit summons on 20.10.2018. As
the defendant no. 1 was traveling out of town for his official
commitments and defendant no. 2 was suffering from health issue.,
they could not gave proper instructions to their advocate for filing
written statement. Hence, they submitted that delay of 132 days has
caused in filing written statement and same may be condoned in the
interest of justice.
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N.M.1604/19 in SC 2309/2018 2
2. Per contra Ld. Advocate Mr. Jagdish Choudhary for the plaintiff
opposed the application by filing say on the ground that, there is no
evidence to justify the reasons shown by the defendant. Hence, the
plaintiff prayed for rejection of the application.
3. Heard both the sides. Perused application and reply. The reasons
assigned is the ill health of defendant no. 2. Although there is no
documentary evidence to justify the aforesaid ground but in my view, if
the defendant is not allowed to enter into the defence, the great
prejudice would caused to their interest. The inconveniency caused to
the plaintiff can be compensated by awarding reasonable cost of Rs.
2,000/ to be payable by the defendant to the plaintiff within period of
one month from the date of order. The defendant is allowed to file
written statement. In view of that the Notice of motion is made
absolute in terms of prayer clause. Thus, I proceed to pass the
following order.
: ORDER :
1. The Notice of Motion No. 1604 of 2019 is hereby made absolute
in terms of prayer clause.
2. The delay of 132 days in filing written statement is hereby
condoned, on payment of Rs. 2000/ to plaintiff.
3. Notice of Motion No. 1604 of 2019 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 10.07.2019 Greater Mumbai
Dictated on :10.07.2019
Transcribed on :10.07.2019
Draft submitted on :11.07.2019
Checked on :12.07.2019
Signed on :12.07.2019
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N.M.1604/19 in SC 2309/2018 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/07/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
10/07/2019
JUDGMENT/ORDER signed by
P.O. on
12/07/2019
JUDGMENT/ORDER uploaded
on
12/07/2019
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