Order 2

Order Details: Notice of Motion
Pdf Text: ..1.. Order in N/M no.3089/25 in S.C.Suit 1130/2019
MHCC010064552025
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3089 OF 2025
IN
S.C.SUIT NO. 1130 OF 2019
Smt. Jaya Takakshi Chheda ...Plaintiff.
Versus
Ms. Tanuja Jayantilal Bhagat & Anr. ...Defendants.
Appearance:
Adv. Mr. Vijay Dubey for the Plaintiff.
Adv. Laxmi Mishra a/w Adv. Ashutosh Kaushik i/b Kaushik and Co. for
Defendants.
CORAM : SMT. A.K.MANDAVGADE
AD-HOC JUDGE, (C.R.NO.62)
DATE : 30.07.2026
ORAL ORDER
(Dictated in open Court)
The Notice of Motion is filed by defendants for
setting aside order dated 12/10/2022 passed in Notice of Motion
No.3375/2019 directing to proceed without reply and to take on record
affidavit in reply till Notice of Motion No.3375/2019.
2. As per contention of the defendants writ of summons was
served on 16/01/2020. However, copy of the plaint and notice of
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motion was served on 15/09/2021 with letter issued by learned
advocate for the plaintiff. Due to lockdown the defendants were unable
to attend the court and to meet advocate till 28/02/2022. There is also
relaxation of the period of lockdown as per order passed by Hon’ble
Apex Court. After said period of pandemic in March 2022 defendants
approached their advocate Shri Sachin Pawar who was requested to
return the papers to advocate Shri Ashok Pande. As staff was not
available in office of advocate Shri Pawar he sought some time for
sending papers. Defendants were under impression that advocate Shri
Pande is appearing in the court, but no one was attending the court.
Thereafter advocate Shri Pawar informed defendants that the papers
were already sent to Advocate Shri Pande. Thereafter Advocate Pande
filed vakalatnama on 16/03/2023. In July 2023, defendants were
informed by advocate Pande that court is on leave and he will send
draft for approval to defendants. Thereafter he informed that the notice
of motion taken out by the plaintiff is kept for hearing. Thereafter again
in November 2023, defendants were informed by advocate Shri Pande
that court is on leave. Considering approach of advocate Shri Pande
defendants take back the papers and handed over to present advocate
in the first week of November 2024, who informed defendants that
delay is caused in filing written statement and reply to Notice of motion
No.3375/2019. The said fact was not informed to defendants by earlier
advocates. In the third week of November 2024, defendants supplied
papers to present advocate. In such situation, delay is caused in filing
written statement. Composite Notice of motion No.1432/2025 was filed
by defendants for condonation of delay caused in filing written
statement and recalling no reply order passed on 12/10/2022, in Notice
of Motion No.3375/2019. However separate notice of motion was
required to be filed, hence, present notice of motion is filed. The delay
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is not intentional. There was fault on the part of advocate for
defendants. Yet interlocutory application is not decided, hence no
prejudice will be caused to the plaintiff if the application is allowed. If
the application is not allowed then defendants will suffer irreparable
loss.
3. As per reply affidavit Exh.06 filed by the plaintiff, the
notice of motion is frivolous. Hence liable to be dismissed. Writ of
summons was served on 27/12/2019. Vakalatnama was filed by
advocate Shri Pawar on 16/01/2020. After submission of advocate Shri
Pawar that plaint and proceedings were missing, again copy of plaint
and notice of motion was served on advocate for defendants on
15/09/2021. Present notice of motion is taken out in April 2025 i.e.
after delay of more than 3½ years. There is gross negligence on the part
of defendants. Due to lockdown there were restrictions till August 2021.
There is no justifiable reason for condonation of delay. If draft was
ready in third week of November 2024, then defendants could have
filed the same at that time only. Notice of Motion No.1432/2025 was
filed for condonation of delay caused in filing written statement and for
recalling order dated 12/10/2022. Defendants were directed to take out
separate notice of motion vide order dated 12/10/2022. Hence, the
plaintiff has prayed for rejection of notice of motion.
4. Heard both the sides. Perused the record.
1.
5. Record shows that Notice of Motion No.1432/2025 was
filed on 24/02/2025 for condonation of delay caused in filing written
statement and for taking written statement on record as well as to recall
order dated 12/10/2022 passed in Notice of Motion No.3375/2019.
That notice of motion was not pressed on 10/03/2026. Prior to that
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present notice of motion is tendered on 07/04/2025 which was
registered on 13/06/2025. Thus there is negligence on the part of
defendants and the notice of motion is filed after considerable delay.
The Notice of motion No.3375/2019 is filed for interim relief i.e.
appointment of Court Receiver and temporary injunction. Hence,
opportunity needs to be granted to the defendants to file say on the
notice of motion. At the same time as delay is caused by the defendants,
hence cost needs to be imposed on them. Hence, I pass following
order :-
ORDER
1. Notice of Motion No.3089 of 2025 is allowed.
2. No reply order passed in Notice of motion No.3375/2019 on
12/10/2022 is set aside subject to cost of Rs.1,000/- to be
deposited by the defendants in the office of DLSA within 15 days
from the date of this order.
3. After depositing cost by the defendants within above said period
affidavit of reply Exh.B be taken on record.
4. Failure of the defendants to comply with the order shall result in
cancellation of this order.
5. Accordingly, Notice of Motion is disposed of.
(Smt. A.K.Mandavgade)
Ad-hoc Judge
City Civil Court,
Date : 30.07.2026 Gr. Mumbai.
Pronounced on : 30.07.2026
Directly dictated on computer : 30.07.2026
Typed on : 30.07.2026
Checked & Signed on : 30.07.2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
Mrs. Manisha S. Putta	30.07.2026 6.30 PM
Name of the Judge (With C.R. No.) HHJ Smt. A.K.Mandavgade
(C.R.No. 62)
Date of Pronouncement of JUDGEMENT
/ORDER
30.07.2026
JUDGEMENT /ORDER signed by P.O. on 30.07.2026
JUDGEMENT /ORDER uploaded on 30.07.2026
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