Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 1758 OF 2019
IN
SHORT CAUSE SUIT NO.2401 OF 2018
(CNR NO.MHCC01-004814-2019)
Girish Ramchanda Jain . )...Plaintiff
V/s.
Suman Nishikant Mondal )...Defendant
Appearance:-
Ld. advocate Ms.Yashpal Jain for plaintiff.
Ld. advocate Ms.Pandey for defendant.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :03/03/2020 (C.R.No.31)
ORDER
This is a notice of motion taken out by the defendant for
accepting the written statement by condoning delay. This notice of
motion resisted on behalf of the plaintiff by filling his reply. Read the
present notice of motion, affidavit of the defendant , Reply of the
plaintiff. Heard both the learned counsels on behalf of both the sides at
length. Perused the record.
2. On scrutiny of the pleadings and arguments advanced on behalf
of both the sides and after perusal of the record, it seems to me that the
present notice of motion taken out by the defendant for accepting her
written statement by condoning delay of 110 days. The learned counsel
on behalf of the defendant has submitted that the suit summons was
-- 1 of 4 --
2
served after seven months of filing the suit on one Molai Mondal who is
working with the defendant. The defendant went to her place at Uttar
Pradesh to see her old parents and when she returned to Mumbai in
the Month of January, 2018, then she came to know from Molai Mondal
about service of summons in respect o the suit filed by the plaintiff. She
could not file her written statement within stipulated time due to she
was engaged to appoint advocate and for collecting concerned
information and documents. The defendant is ready to contest the
matter and she is ready to cooperate to the Court for the early disposal
of the present suit. There was no intention of the defendant for filing
late written statement.
3. The learned counsel on behalf of the plaintiff has submitted that
the present suit came to be filed by the plaintiff on 02/05/2018 and the
present notice of motion taken out by the defendant on 11/04/2019.
The defendant intentionally filed this notice of motion with an intention
to prolonging the matter. The reasons mentioned by the defendant in
the present notice of motion is false. On these grounds, the learned
counsel on behalf of the plaintiff has requested that the present notice
of motion is liable to be dismissed.
4. On scrutiny of the pleadings of both the parties and after perusal
of the record, admittedly, the suit came to be filed on 02/05/2018. The
present notice of motion taken out the by defendant dated 11/04/2019.
The defendant Mrs.Suman Nishikant Mondal is filed her affidavit in
support of her notice of motion. The present suit came to be filed on
behalf of the plaintiff for recovery of Gold Bar weighing 55.890 grams,
alternatively to recover amount of Rs.1,70,626/- from the defendant.
In such circumstance, if the written statement of the defendant is to be
-- 2 of 4 --
3
accepted by condoning delay then, the dispute in between the parties
will be decided on merits. Admittedly, the defendant could not file her
written statement within stipulated period, therefore, it requires to
impose cost for condoning delay. Therefore, I have inclined to allow
this notice of motion taken out by the defendant. Hence, I have
proceed to pass following order.
ORDER
1. Notice of motion no. 1758/19 is hereby allowed as prayed for
subject to cost of Rs.2,000/-.
2. The defendant shall deposit cost amount of Rs.2,000/- to the office of
District Legal Service Authority, Mumbai.
3. Notice of Motion No. 1758/19 is hereby disposed off accordingly.
(R.V.Kokare)
Judge,
Dated: 03/03/2020. City Civil Court, Gr. Bombay.
Directly dictated on
Computer: 03/03/2020
Signed by HHJ:03/03/2020
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/03/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
03/03/2020
Judgment/order signed by P.O on 03/03/2020
Judgment/order uploaded on 03/03/2020
-- 4 of 4 --