Final Order 1

Order Details: Notice of Motion
Pdf Text: N.M. No.1438/2020 in
S.C. Suit No.1894/2019. 1 Order.
MHCC010044162020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1438 OF 2020
IN
S.C. SUIT NO. 1894 OF 2019
Sugee Developers Pvt. Ltd. ...Applicant/
Defendant No.3
In the matter of
Smt. Vijaya Gajanan Kothekar ... Plaintiff
V/s.
Mr. Prabhakar Sitaram Kadam and others ... Defendants
CORAM : HIS HONOUR JUDGE
SHRI N.G.SHUKLA
CITY CIVIL COURT, GR.BOMBAY
(C.R. NO.63).
DATE : 01-11-2023
Appearance:-
Ld. Advocate Shri Suhas Kharat for the plaintiff.
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N.M. No.1438/2020 in
S.C. Suit No.1894/2019. 2 Order.
Ld. Advocate Meezan Patel for the applicant/defendant no.3.
Ld. Advocate Smt. Juilee Ghadge for the defendant No.2.
ORDER
1. Defendant No.3 has taken out this notice of motion for
condoning delay and to set aside no written statement order dtd. 17-01-
2020 and to allow it to file written statement on record.
2. It appears from record that, plaintiff had taken out Notice
of Motion No. 3088 of 2019 when the suit was at Stamp no. 13621 of
2018. On service of notice of motion, defendant No.3 appeared through
advocate and filed vakalatnama on 20-10-2018. Suit came to be
registered on 01-07-2019. No written statement order was passed on
17-01-2020. Notice of motion was taken out on next date i.e. 28-02-
2020. As per submissions of Advocate Meezan Patel for defendant No.3
writ of summons is not served on defendant No.3. He counted delay
from the date of registration of suit. Plaintiff has not filed reply to the
notice of motion and it is not contested by the plaintiff. Considering this
aspect and aforesaid circumstances, opportunity needs to be given to
defendants to contest the suit by allowing to file written statement.
Hence, I pass following order:
- ORDER
1. Notice of Motion No. 1438 of 2020 is allowed in terms of
prayer clause (a) and (b).
2. Delay of 213 days is condoned and no written statement order
dtd. 17-01-2020 is set aside.
3. Defendant No.3 is permitted to file the written statement on
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N.M. No.1438/2020 in
S.C. Suit No.1894/2019. 3 Order.
record.
4. Notice of Motion No. 1438 of 2020 is accordingly, disposed
off.
(N.G. Shukla)
Judge
City Civil Court,
Date :01-11-2023 Gr. Bombay.
1. Dictated on : 01-11-2023
2. Transcribed on : 01-11-2023
3. Checked and Signed on : 02-11-2023
4. Delivered to Certified :
Copy Section on
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N.M. No.1438/2020 in
S.C. Suit No.1894/2019. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
02-11-2023 5.00 p.m. Miss K.M.Rana .
Name of the Judge (with Court Room no.) HHJ Shri N.G. Shukla
(Court Room No.63).
Date of Pronouncement of Judgment/Order 01-11-2023
Judgment/Order signed by P.O. on 02-11-2023
Judgment/Order uploaded on 02-11-2023
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