Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 1588/18 in Su 1107/17 1/2 Date : 5.12.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC01 0049242018
NOTICE OF MOTION NO.1588/2018
IN
SUIT NO.1107/2017
Mr. Surajnarayan Rambali Yadav & Anr. ...Plaintiffs
V/s.
Mr. Salikram Rambali Yadav & Anr. …Defendants
Adv. Chauhan for plaintiffs.
Adv. Sharma for defendant no.1.
Adv. Vaibhav Singh for defendant no.2.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 5.12.2018
ORDER
(Dictated in open court)
By this motion, the defendant no.2 is praying to recall the order
dated 7.12.2017 and allow him to file written statement on record by
condoning delay of 283 days.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is stated in the affidavit filed in support of the motion that the
defendant no.2 was never served with the papers and proceedings by the
bailiff. He resides at his native place in U.P. and he visits Mumbai few
times in a year. Hence, he could not file his written statement within
time.
4. The Ld. Counsel for plaintiffs has opposed the motion on the
ground that the defendant no.2 was negligent in prosecuting the matter.
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N/M 1588/18 in Su 1107/17 2/2 Date : 5.12.2018
5. A perusal of the bailiff report shows that the writ of summons was
not accepted by defendant no.2 personally but it was accepted on his
behalf. He has stated in the affidavit that his brother did not inform him
about the present suit. There is no reason to disbelieve the cause for
delay stated in the affidavit. Hence, the delay is liable to be condoned
and defendant no.2 can be permitted to file written statement by
recalling order dated 7.12.2017. However, he is liable to pay cost to the
plaintiffs to compensate for the delay. Hence, following order.
ORDER
1. Notice of motion no.1588/2018 is allowed in terms of
prayer clauses (a) and (b) subject to payment of cost of
Rs.2,000/ to the plaintiffs in two weeks.
2. If the cost is paid, the written statement of defendant
no.2 be taken on record.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 5.12.2018 Gr. Bombay.
Dictated on : 5.12.2018
Transcribed : 6.12.2018
Signed on : 6.12.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
6.12.2018 at 3.05 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of 5.12.2018
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JUDGMENT/ORDER
JUDGMENT/ORDER signed by
P.O. on
6.12.2018
JUDGMENT/ORDER uploaded
on
6.12.2018
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