Full Order Text
Order 1 · 24 Jul 2019 · CNR MHCC010046852018
Order Details: Notice of Motion Pdf Text: N.M.1496/18 in SC 1613/2017 1 Date :24.07.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1496 OF 2018 IN S.C. NO. 1613 OF 2017 (CNR.NO.MHCC010046852018) Mrs. Walidunissa Washid Sheikh ) ….Plaintiff VERSUS Surendera Vithal Shetty ) .... Defendant Appearances: Mr. J.S.Yadav h/f. Mr. B.P. Shukla, Ld. Advocate for plaintiff present. None for defendant. Coram : His Honour Judge Shri. A.H.Laddhad Addl. Judge CR No. : 7 Dated : 24th July, 2019. : ORDER : 1. The defendant no. 3 has filed instant Notice of Motion for condonation of 97 days delay in tendering Written Statement. 2. It is contended by the defendant that he had undergone surgical operation of knee arthroscopy due to which he was unable to travel for around six months. Further he was suffered from various ailments, due to which he could not gave instructions to his advocate to file Written Statement and there is a delay of 97 days. -- 1 of 4 -- N.M.1496/18 in SC 1613/2017 2 3. It is contended by the defendant that it is necessary to file Written Statement on record. Otherwise the suit will remain undefended. Hence, defendant prayed for condonation of delay in filing Written Statement. 4. Per Contra plaintiff opposed the Notice of Motion by filing reply. it is contended by the plaintiff that the defendant wrongly calculated delay as 97 days. In fact, the suit summons were served to the defendant on 27.07.2017. Thus, from the date of service of summons it comes to 470 days of delay. The defendant failed to calculate the correct number of days of delay. Hence, the Notice of Motion should be rejected. 5. It is further contended by the plaintiff that, there is no sufficient reasons assigned by the defendant in order to condone the delay. Hence, delay may not be condoned. 6. Heard plaintiff. Perused Notice of Motion and reply. The defendant gave reason of delay is the ill health. The defendant has filed aforesaid Notice of Motion on Affidavit. In my view, if the delay is not condoned and defendant is not allowed to file Written Statement, then, suit would be proceeded exparte and decision of the suit will not be on the merit. Hence, in my view, the delay needs to be condoned in the interest of justice. The inconveniency caused to the plaintiff can be compensated by awarding reasonable cost of Rs. 2000/ to be payable by the defendant to the plaintiff. Thus, I proceed to pass the following order. -- 2 of 4 -- N.M.1496/18 in SC 1613/2017 3 : ORDER : 1. The Notice of Motion No. 1496 of 2018 is hereby made absolute in terms of prayer clause. 2. The delay of 97 days in filing Written Statement is hereby condoned subject to payment of cost of Rs. 2000/ to the plaintiff. 3. Defendant to file Written Statement within one week. 4. Notice of Motion No. 1496 of 2018 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 24.07.2019 Greater Mumbai Dictated on :26.07.2019 Transcribed on :26.07.2019 Draft submitted on :26.07.2019 Checked on :29.07.2019 Signed on :29.07.2019 -- 3 of 4 -- N.M.1496/18 in SC 1613/2017 4 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 29/07/2019 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.7) Date of Pronouncement of JUDGMENT/ ORDER 24/07/2019 JUDGMENT/ORDER signed by P.O. on 29/07/2019 JUDGMENT/ORDER uploaded on 29/07/2019 -- 4 of 4 --