Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No. 2336/2019
in Suit No.770/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No. 2336 of 2019
(CNR NO. MH CC010064482019)
In
SUIT No. 770 OF 2019
Suresh Sayaji Kajrolkar ....Plaintiff
V/s.
Ratnaprabha Tatoba Rane & Ors. ....Defendants
Appearance:
Mr. Ansul Bhuta, Advocate for the plaintiff.
Mr. Bhimrao Powar, Advocate for the defendant No.1.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 25 th November, 2019.
ORDER
1. By this notice of motion the defendant has prayed to
condone the delay of 26 days in filing the written statement and to take
on record written statement of defendant No.1.
2. In affidavitinsupport of notice of motion, it is averred that
the writ of summons alongwith copy of plaint was served to defendant
No.1 on 04.04.2019. On 09.04.2019, Advocate of defendant No.1 filed
Vakalatnama and the matter was adjourned on 19.06.2019. It is further
averred that the instructions were given to the concerned Advocate on
09.04.2019 and the delay of 26 days has occurred because of ignorance
of the procedure. Thus, it is prayed to allow the notice of motion.
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2 Notice of Motion No. 2336/2019
in Suit No.770/2019
3. Reply to the notice of motion is filed by plaintiff and it is
submitted that the reason of not having knowledge about law and
procedure for condonation of delay is not valid reason. There was
already an Advocate on record from 09.04.2019 and therefore the reason
mentioned in the notice of motion may not be considered.
4. Heard learned Advocate for plaintiff and defendant No.1.
Perused the record. Though, the reason mentioned in the notice of
motion is not valid as it is stated about the ignorance of law and
procedure, I am of the considered opinion that in order to decide the
suit on its own merit, notice of motion needs favourable consideration.
However, for the delay caused on behalf of defendant No.1, plaintiff
should be compensated sufficiently. Resultantly, I pass following order.
ORDER
1) Notice of Motion No.2336/2019 is made absolute in terms of
prayer clause (a) and (b) subject cost of Rs.1,000/ (Rs. One
Thousand Only) to be paid to plaintiff on or before next date.
2) After compliance, written statement of defendant No.1 already
tendered on record be exhibited.
3) Notice of Motion No.2336/2019, stands disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 25/11/2019
Dictated on : 25.11.2019
Transcribed on : 26.11.2019
Signed on : 26.11.2019
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3 Notice of Motion No. 2336/2019
in Suit No.770/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
27.11.2019 11.40 a.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 25.11.2019
Order signed by P.O. on 26.11.2019
Order uploaded on 27.11.2019
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4 Notice of Motion No. 2336/2019
in Suit No.770/2019
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