Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION No.1652 OF 2019.
(CNR NO. MHCC01-004549-2019)
IN
SUIT NO.3077 OF 2018.
Mr. Yezdi Dinshaw Patel. …. Plaintiff
V/s.
1. ICICI Bank and Anr. ...Defendants.
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 11/03/2025.
None for the plaintiff.
Adv. Pintu Nishad for defendant Nos.1.
ORAL ORDER
This Notice of Motion is taken out by the
defendant No.1 for condonation of delay of 85 days for
filing written statement on record.
2. Read Notice of Motion. Plaintiff fails to file reply.
Hence, Notice of Motion proceeds without say of plaintiff
vide order dated 09.01.2025. Thereafter, plaintiff remains
absent. Hence, as per order dated 07.03.2025, present
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Notice of Motion decided on merit against plaintiff. Heard
defendant No.1
3. This is a suit for declaration and injunction. As
per roznama, defendant No.1 appeared before the Court on
14.01.2019. Plea for non filing of written statement within
statutory period is not supported by documents. Admittedly,
there is a delay on the part of the defendant No.1 in filing
written statement which can be considered by justifiable
cost. Considering the nature of the suit, and the relief
sought valuable rights of defendant No.1 is involved in the
subject matter of the suit. Apart from this, if defendant No.1
is permitted to file written statement, suit will be decided
on merit. It also curtails the multiplicity of the litigation. It
is settled principle of law that equal opportunity should be
given to both parties. Therefore, it is just and equitable in
the eye of law to allow defendant No.1 to file written
statement on record by condoning delay. Hence, from above
discussions, I proceed to pass following order:
ORDER
1. The Notice of Motion No.1652 of 2019 is made
absolute in terms of prayer clause (a) and (b) subject
to cost of Rs.1,000/-(Rs.One Thousand only) payable
to plaintiff on or before next date.
2. Upon payment of cost of Rs.1,000/- to the plaintiff, till
next date, written statement of the defendant No.1 be
taken on record.
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3. The Notice of Motion No. 1652 of 2019 is disposed off
accordingly.
Date-11/03/2025 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
Dictated on :11/03/2025
Typed on :11/03/2025
signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.03.2025 at 11.00 -a.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Shri R.B. Parvekar (C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 11.03.2025
Order signed by P.O. on 11.03.2025
order uploaded on 13.03.2025
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