Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No. 1540/2018 ..1.. In SU No.592/2015
CNR NO.MHCC010048052018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 1540 OF 2018
IN
L.C. SUIT NO. 592 OF 2015
Smt. Joyti Wd/o. Shriram Bhilare,
Aged : 53 Years, Occ. : Housewife,
Residing At : Hut No. LX 54 1/1,
Netaji Nagar, 90 Feet Road,
Near Nair Estate, Kajupada,
Sakinaka, Mumbai 400 072. ...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai,
(Through Asst. Municipal Commissioner),
'L' Ward, S. G. Barve Marg,
Kurla (West), Mumbai 400 070. ...Defendant
Appearance :
Mr. Ajit Singh, Advocate for Plaintiffs.
Ms. Mhatre, Advocate for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI A. N. MARE (C.R.No.11)
DATE : 18TH OCTOBER, 2019.
O R A L O R D E R
By this Notice of Motion defendant has sought setting aside of no
-- 1 of 4 --
Notice of Motion No. 1540/2018 ..2.. In SU No.592/2015
written statement order passed on 02.08.2016.
2. In brief the defendant's case is that, it could not file written
statement in time. It is a statutory and public body having heavy work
load. The written statement was ready for affirmation on 02.08.2016.
The defendant has a process in which instructions are required to be
taken from different departments. The draft of written statement also
needs approval of the officers. Ample time is required to complete this
process. Some times the officers performing various duties on the field
are unable to reach the Court to affirm the written statement. In this case
also the officer concerned could not reach the Court for affirming the
written statement on 02.08.2016 and no written statement order was
passed on the same day. The delay in not filing the written statement is
not intentional.
3. The plaintiff has opposed the Notice of Motion on the
ground that it is not maintainable as the days of delay are not mentioned
in it.
4. Peruse Record. Heard both the parties.
5. The proceedings do indicate that, the suit is presented on
22.04.2015. On 02.08.2016 the order is passed to proceed without
written statement. Thus, this Court had extended the time to file the
written statement till 02.08.2016. The defendant has come with a case
that though written statement was ready, the officer could not come to
the Court for affirmation of written statement on 02.08.2016. This
reason is not disputed by the plaintiff. Considering these circumstances,
therefore, I hold that in absence of any deliberate and intentional delay
on the part of defendant, the defendant can be afforded an opportunity
-- 2 of 4 --
Notice of Motion No. 1540/2018 ..3.. In SU No.592/2015
to file the written statement. Hence, following order.
ORDER
1. Notice of Motion No.1540 of 2018 is made absolute in terms of
prayer clause (a) and (b).
2. The order dated 02.08.2016 directing to proceed with the suit
without written statement is recalled.
3. Defendant is allowed to file written statement.
4. Defendant shall file written statement on or before next date.
5. Cause in costs.
(A. N. MARE)
Judge,
Date : 18.10.2019 City Civil Court, Mumbai.
Dictated On : 18.10.2019
Transcribed on : 18.10.2019
HHJ Signed on : 22.10.2019
-- 3 of 4 --
Notice of Motion No. 1540/2018 ..4.. In SU No.592/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
22.10.2019 5.22 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 18.10.2019
Order signed by P.O. on 22.10.2019
Order uploaded on 22.10.2019
-- 4 of 4 --