Full Order Text
Final Order 1 · 21 Jun 2019 · CNR MHCC010045442019
Order Details: Notice of Motion Pdf Text: N.M.1664/19 in SC 2957/2018 1 Date : 21.06.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1664 OF 2019 IN S.C. SUIT NO. 2957 OF 2018 (CNR.NO.MHCC010045442019) Harmony Alloys ) ….Plaintiff VERSUS M/s. Teksons Private Limited. ) .... Defendant Appearances: Mr. Rahul Chaubey, Advocate for plaintiff present. Defendant and advocate absent. Coram : His Honour Judge Shri. A.H.Laddhad Addl. Judge CR No. : 32 Dated : 21st June, 2019. : ORDER : 1. The defendant has filed instant Notice of Motion for condonation of delay of 7 days in filing written statement. It is contended by the defendant that he is authorized signatory of the defendant Company. He is 72 years old and hence due to health issue, he could not give instruction to his lawyer for preparation of written statement in time. Hence, delay of 7 days has been caused in filing written statement. 2. Per contra the plaintiff opposed the Notice of Motion on the ground that, the defendants are Private Limited Company and there are many people including their Directors who could have filed Written Statement. The company is not dependent on one person. Moreover, -- 1 of 3 -- N.M.1664/19 in SC 2957/2018 2 the alleged ground of ill health is not supported by any evidence. The defendant made bald statement which is not sufficient to condone delay. Heard both sides. Perused Notice of Motion and reply. In my view, the reasons assigned by the defendants are sufficient to condone the delay. If the defendant is not allowed to file its Written Statement, the great prejudice would be caused to the defendant on the contrary inconveniency caused to the plaintiff can be compensated by awarding reasonable cost of Rs. 1000/. Thus, I proceed to pass following order. : ORDER : 1. Notice of Motion No. 1664/19 is made absolute as per prayer clause A. 2. 7 days delay in filing written statement is hereby condoned subject to payment of Rs. 1000/ to the plaintiff. 3. Notice of Motion No. 1664/19 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 21.06.2019 Greater Mumbai Dictated on : 08.07.2019 Transcribed on : 08.07.2019 Draft submitted on :08.07.2019 Checked on : 09.07.2019 Signed on : 09.07.2019 -- 2 of 3 -- N.M.1664/19 in SC 2957/2018 3 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 09/06/2019 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 21/06/2019 JUDGMENT/ORDER signed by P.O. on 09/07/2019 JUDGMENT/ORDER uploaded on 09/07/2019 -- 3 of 3 --