Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1561/2018 SUIT 1896/2017 1
CNR.NO.MHCC010048632018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1561 of 2018
IN
S.C.SUIT NO.1896 OF 2017
Union Bank of India . .. Plaintiff
Versus
Tajuddin Mohammed Saith & others. .. .. Defendants
Shri.Niraj Patil advocate for the Plaintiff.
Shri.Mukesh Subramaniam advocate for the Defendant No.1.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad Hoc Dist.Judge
CR No. : 32
Date : 13th August 2018
ORDER
1. Defendant No.1 taken out this motion for condonation of delay of
38 days in filing written statement.
2. Writ of summons served on defendant on 03/12/2017. He
contacted his advocate in the month of March 2018. After going
through the papers his advocate advice him to file the written statement
within 90 days from the date of service of summons. In the month of
February 2018 he undergone the cataract operation, hence, he could
not contact his advocate for filing written statement. His advocate has
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advised him to get all the papers from his company M/s.Tarmac Tours
and Travels Pvt.Ltd. He handed over the papers to his advocate and
after that written statement was prepared, therefore, delay has been
caused. Defendant prays that delay be condoned and motion be madE
absolute.
3. Plaintiff filed the reply. Defendant No.1 has made bald allegations
against the plaintiff about the illegal converted to F.D.Plaintiffs has
always acted lawfully and neither favoured any party nor had any
interest in the said deposit, hence, does not want to be dragged into the
interse dispute between defendant No.1 and defendant No.2 and 3.
Plaintiff bank has denied all the allegations of the defendant No.1and
submit that heavy cost be imposed in condonation of delay of W/S of
defendant No.1.
4. Heard learned advocate Shri.Niraj Patil for the Plaintiff and
advocate Shri.Mukesh Subramaniam for the Defendant No.1.
5. Before entering into actual merit, in case of Srirang
Dhairyasheel Shirole & others Vs. Deccan Education Society
(2013(1) Mh.L.J.233). It is held as “courts are required to adopt liberal
approach while acceptance of ‘sufficient cause’ and normally
explanation should be accepted as a rule and rejection thereof should
be in exceptional case”. By keeping well in mind this basic principle, I
will turn towards the factual aspect
6. Writ of summons served on defendant on 03/12/2017. Suit is for
injunction against the defendant restraining them from taking any
proceeding in relation to the fixed deposit of Rs.10,50,000/ with
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accrued interest. Considering the nature of the suit, opportunity must
be given to the defendants to put up their case before the court.
7. Order 8 Rule 1 of Civil Procedure Code is procedural and
directory in nature. Basic object of incorporation of order 8 Rule 1 is to
curb mischief laid by unscrupulous litigants who caused delay in
disposal of cases. Departure from time schedule is permissible in case
when it is required to prevent injustice to the other side.
8. In view of the above discussion, if the delay is condoned by
imposing a cost of Rs.2000/ be deposited in the Legal Aid Committee
Office thereafter, defendants be allowed to put their written statement
on record then that will be justifiable, hence, I pass the following order.
ORDER
1. Notice of Motion no.1561/2018 is made absolute subject to cost of
Rs.2000/(Rs.Two thousand only) be deposited in the Legal Aid
Committee on or before next date.
2. After compliance written statement of defendants be taken on
record.
Date : 13/08/2018 (Pushpa N. Rao)
Ad Hoc Dist.Judge
Bombay City Civil Court
Greater Mumbai
Direct typed on computer : 13/08/2018
Signed by HHJ on : 13/08/2018
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
14/08/2018 at ( 5.26p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room No.) HHJ Smt. Pushpa N. Rao
(Court Room no.32)
Date of Pronouncement of JUDGMENT/ORDER 13/08/2018
JUDGMENT/ORDER signed by P.O.on 13/08/2018
JUDGMENT/ ORDER uploaded on 14/08/2018
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