Full Order Text
Final Order 1 · 01 Dec 2018 · CNR MHCC010048212018
Order Details: Notice of Motion Pdf Text: :1: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013 CNR NO.MHCC010048212018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1552 of 2018 IN S.C. SUIT NO. 3128 of 2013 Jayprakash P. Tripathi ].. .. Plaintiff Versus M/s. New Era Fabric Limited and Anr. ]...Defendants Appearance: Defendant and Advocate absent. Advocate Mr. Tripathi for the plaintiff. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Dist.Judge CR No. : 32 Dated : 1st December, 2018 ORDER 1. Defendant taken out this Notice of Motion for setting aside the Order dated 18.02.2014 with prayer for condonation of delay of 1512 days in filing Written Statement. 2. After service of Writ of summons on defendant, they appeared in the matter through Advocate and matter was adjourned for filing written statement on 06.01.2014. On 18.02.2014, Advocate had tendered application for adjournment for filing written statement but that application was rejected. Hence, suit proceeded for evidence without written statement. Matter was also sent for mediation but mediation could not taken place. Thereafter, defendant not appeared in the matter. Again in the year 2018, defendant contacted their Advocate that time they came to know that Advocate has stopped to attend the -- 1 of 3 -- :2: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013 matter. After inquiry, defendant came to know that suit is being undefended and plaintiff filed evidence and by order dated 07.09.2016 Court has passed the Order no cross on behalf of defendant and matter was posted for argument on 19.10.2016. 3. In above circumstances, delay has been caused in filing written statement and prays that motion be made absolute. 4. Plaintiff filed their reply. Defendant handling the matter in the very casual manner. Plaintiff has denied all the averment in the motion. Delay is not satisfactorily explained in filing the written statement. Hence, motion be dismissed with cost. 5. Defendant and Advocate absent. Heard the Ld. Advocate Mr. Tripathi for the plaintiff. 6. Defendant taken out this motion but remain absent for hearing. Itself clearly shows that defendant is not serious about the matter. Therefore, I am of the view that defendant is not entitled for condonation of huge delay in filing the written statement and pass the following Order: ORDER Notice of Motion No.1552 of 2018 is dismissed with cost. Date : 01.12.2018 (Pushpa N. Rao) Ad hoc Asst. Judge Bombay City Civil Court Greater Mumbai Dictation Direct typed on computer: 01.12.2018 Signed by HHJ on : 01.12.2018 -- 2 of 3 -- :3: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 01.12.2018 at (4.36 p.m.) Mr. Subhash Sukhdeo Poul Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 01.12.2018 JUDGMENT/ORDER signed by P.O.on 01.12.2018 JUDGMENT/ ORDER uploaded on 01.12.2018 -- 3 of 3 --