Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.176519 IN SUIT No.172017
MHCC010048282019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1765 OF 2019
IN
SUIT NO.1720 OF 2017
M/s. Shaman Used Cars Pvt. Ltd. ] ...Plaintiff.
Versus
State of Maharashtra & Others ]…Defendants.
Appearance:
Ld. Advocate Chimalkar for plaintiff.
Ld. Advocate Sachin Kanse i/b TRS Legal for Defendant No.4.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 06/12/2022
ORAL ORDER
1) Defendant No. 4 has taken out present notice of motion for setting
aside the order dtd.8/6/18 to proceed without written statement of
defendant No.4 for condonation of delay in filing written statement
and to take written statement of defendant No.4 on record.
2) Perused the notice of motion, affidavit in support of notice of
motion, affidavit in reply of plaintiff and record. Heard arguments
advanced by Ld. Advocate for defendant No.4 and Ld. Advocate for
plaintiff.
3) Ld. Advocate for defendant No.4 argued that defendant No.4 is a
bank. After service of writ of summons the legal department of the
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defendant No.4 took some time for collection of the information, from
the several internal sections of the defendant No.4 and due to same
considerable time was lapsed for obtaining necessary information, for
giving instructions to its advocate for preparing written statement.
Moreover, for approval of the draft of written statement also time was
required. The delay in taking out the present notice of motion and for
condonation of delay in filing written statement is bonafide. Therefore,
Ld. Advocate for defendant No.4 prayed that notice of motion be made
absolute.
4) On the other hand, Ld. Advocate for plaintiff argued that there is
huge delay in filing written statement. Defendant No.4 has not
demonstrated any just and exceptional cause for delay in filing written
statement and any sufficient cause for delay in filing the notice of
motion. Therefore, Ld. Advocate for plaintiff submitted that the notice
of motion be dismissed.
5) From the matter on record it is admitted fact that writ of summons
was served to the defendant No.4 on 25/10/17. Admittedly, thereafter
defendant No.4 had appeared in the suit. From the record it appears
that on 8/6/18 as defendant No.4 failed to file written statement,
order to proceed without written statement of defendant No.4 was
passed. Ld. Advocate for defendant No.4 submitted that as the
defendant No.4 is a bank it has to take legal information and approach
various sections and therefore, there was delay in taking out present
notice of motion and there is delay in filing written statement. Though
plaintiff has denied the cause stated in the affidavit in support of notice
of motion, plaintiff has failed to bring on record any material so as to
disbelieve the same. Therefore, from the matter on record it appears
that plaintiff demonstrated just and exceptional cause for condonation
of delay in filing written statement and for condonation of delay in
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filing present notice of motion and sufficient cause for setting aside the
order to proceed without written statement of defendant No.4.
Moreover, considering the nature of suit and stage of the matter in the
interest of justice it will be appropriate to give opportunity to the
defendant No.4 to defend the suit by filing written statement. Delay
and inconvenience caused to the plaintiff can be compensated by
awarding cost. Therefore, no prejudice will be caused to the plaintiff if
the present notice of motion is made absolute.
6) Considering the matter on record and above discussion, present
notice of motion deserves to be made absolute. Hence, court proceeds
to pass following order:
ORDER
1) Notice of Motion no. 1765 of 2019 is made absolute subject to
payment of cost of Rs.5000/(Rs. Five Thousands only) by the
defendant no.04 to the plaintiff on or before next date.
2) On payment of cost within prescribed period, the Written
Statement of defendant no.04 be taken on record if tendered on or
before next date.
3) Notice of Motion no. 1765 of 2019 is disposed off accordingly.
Date : 06/12/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :6/12/2022.
Typed on : 8/12/2022.
Checked on :9/12/2022.
Corrected & signed on :9/12/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
9/12/2022. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
06/12/22.
JUDGMENT/ORDER signed by P.O.
on
09/12/22.
JUDGMENT/ORDER uploaded on 09/12/22.
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