Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF SESSION FOR GREATER BOMBAY
NOTICE OF MOTION NO.1791 OF 2019
IN
S.C.SUIT NO.3257 OF 2018
Bank of Baroda ...Plaintiff
V/s
1. Ms.Forum Mayus Parekh
2. Mr.Mayur Chottala Parekh ...Defendants
APPEARANCE:
Ld.AdvocateVidya Sonawane for plaintiff.
Ld.Advocate More for defendants.
CORAM :H. H. ADHOC & ASSISTANT SESSIONS JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 30th July, 2019
ORDER
Heard, Ld. Counsel for both sides. Perused Notice of Motion @
affidavit in support.
According to defendant 88 days delay was caused to file written
statement on record. It is the case of defendant summons is executed to
the deft on 01.01.2019 to which defendant be appeared before the
court on 14.01.2019. However, defendant unable to engage advocate
and unable to file vakalatnama and written statement within a
stipulated time and therefore delay is caused for filling written
statement on record. It is further submitted by defendant that delay is
not intentional. However, because the financial condition of defendant
is very poor he could not engage advocate. He is a senior citizen.
However,defendant has a good case and therefore, for the opportunity
he may be granted permission to participate in the present suit by way
of written statement.
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Plaintiff opposed the application by filing reply. It is contended
by plaintiff and defendant have not made out any case or given any
justifiable reason or not appearing or not filing written statement lastly
it is prayed that notice of motion may kindly be rejected. I have perused
entire record admittedly as per order 8 rule 1 defendant shall file their
written statement within 30 days after execution of summons. As per
record summons is executed to the defendant on 01.01.2019.
Therefore, it was upon defendant to file written statement on record.
However, defendant failed to obey the mandate of Order VIII Rule 1 of
CPC and filed notice of motion on 16.05.2019. Certainly there is delay
on the part of defendant to file written statement. The defendant cited
reason in the notice of motion that the financial position is not sound
and he being senior citizen he could not found advocate for appearance
and for filing w/s. The ground shown by defendant in the notice of
motion is not satisfactory however the defendant has filed notice of
motion within 88 days. Therefore I am on the opinion the defendant has
filed notice of motion within 90 days and therefore for the interest of
justice. He is entitled for permission to file w/s on record. Hence, I
proceed to pass following order
ORDER
1) Notice of motion No. 1791 of 2019 is allowed.
2) Defendant is permitted to file written statement on record.
3) Notice of motion is disposed of in the above said term.
Date:30/7/2019 (Milind A.Bhosale)
Adhoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 30/07/2019
Typed on :30/07/2019
H.H.J.Signed on :30/07/2019
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CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.07.2019 at 12.30 p.m.
UPLOAD DATE AND TIME
(Mrs.P.P.Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI M.A.BHOSALE
(COURT ROOM NO.32)
Date of pronouncement of judgment/order 30.07.2019
Judgment/order signed by P.O. on 30.07.2019
Judgment/order uploaded on 30.07.2019
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