Final Order 1

Order Details: Notice of Motion
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MHCC010051342020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1722 OF 2020
IN
S.C. SUIT NO. 1527 OF 2016
1. Goshar Ventures Pvt. Ltd.,
2. Pankaj Goshar ...Applicants/
Defendant nos.9 and 10.
IN THE MATTER OF
Vilas Vasant Lad. ...Plaintiffs.
VERSUS
M/s. Savla Constructions & Others. ...Defendants.
Appearance
Adv.Manish Gaikwad for the plaintiff.
Adv. Asim for defendant no.9 and 10.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(Court No.: 2)
DATED : 8th March 2021
O R D E R
Defendant nos.9 and 10 taken out present notice of motion for
setting aside without written statement order dated 19.07.2019 and for
condonation 1251 days delay in filing written statement. Heard both
parties. Perused notice of motion and reply of plaintiff.
2. Contention of advocate for defendant no.9 and 10 is that writ of
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summons was not served upon these defendants. However defendants
are conscious of affidavit of service dated 29.10.2018 filing by plaintiff
regarding service of writ of summons on defendant no.10 on
22.09.2016. These defendants and/or the persons in charge of affairs of
defendants are engaged in numerous disputes and litigations in various
Courts. Hence due to inadvertence, these defendants missed to take out
notice of motion and fail to appear before the Court at the relevant time
and take appropriate steps. These defendants have good case on merits.
Defendants already prepared and affirmed written statement. Hence
prayed for allowing notice of motion.
3. Contention of advocate for the plaintiff is that defendant nos.9
and 10 have not disclosed any reasonable grounds for condonation of
delay in filing their written statement after 4 years. These defendants
were aware about the proceedings in the suit. At very stage, several
copies of suit proceedings were served upon these defendants from time
to time. They are not vigilant about their obligations. Hence prayed for
dismissal of notice of motion.
4. On the perusal of proceedings of the case, it appears that
defendant no.1 to 3 also filed their written statement by taking out
notice of motion no.4308/2019 and it was allowed subject to costs of
Rs.5,000/-. Thereafter present defendants taken out this notice of
motion. However, admittedly defendant no.9 and 10 are filing their
written statement after in ordinary delay of more than 4 years. This
Court is not convinced with the reasons given in the notice of motion
for condonation of delay in filing written statement of defendant no.9
and 10 on the record and for setting aside without written statement
order dated 19.07.2019.
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5. However, it is well settled that no party should remain unheard
and matter should be decided on merits. Hence, plaintiff needs to be
compensated in terms of money for filing written statement of
defendant no.9 and 10 belatedly. Under the facts and circumstances,
notice of motion is liable to be allowed with heavy costs. Hence
following order.
O R D E R
1. Notice of Motion No.1722/2020 is allowed and made absolute
in terms of prayer clause (a) to (c) subject to costs of Rs.20,000/- to be
paid to the plaintiff by defendant no.9 and 10 before next date.
2. After payment of costs by defendant no.9 and 10, their written
statement be taken on record and mark as exhibit.
3. Notice of Motion No. 1722/2020 is disposed of.
(Sunil T. Soor)
Judge
Date : 08.03.2021 Gr. Mumbai.
Typed on : 08.03.2021
HHJ signed on : 08.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 08.03.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
08.03.2021
JUDGMENT/ORDER signed by P.O.
on
08.03.2021
JUDGMENT/ORDER uploaded on 08.03.2021
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