Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.1621-2018 ORDER 1
MHCC010051612018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1621 OF 2018
IN
S.C.SUIT NO.1542 OF 2017
Shri.Sushant Baban Kelshikar … Plaintiff
Vs.
Baban Babu Klshikar & 5 ors. … Defendants
Appearances:
Ld.Adv.Mr.V. S. Kokitkar for plaintiff.
Ld.Adv.Ms.Sonam Kotak for Defendant nos.1 to 3.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.V. PATIL
(C.R.NO.09)
DATE : 5th October 2021
ORDER
1. This Notice of Motion is filed by defendant no.1 to 3. It is their
submission that copy of plaint is served on them at the end of July 2017
thereafter mediation process was going on between the parties.
Mediation did not work out therefore defendants couldnot file written
statement within limitation. There is 125 days delay in filing written
statement. Therefore, this Notice of Motion is filed to condone the
delay.
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NM No.1621-2018 ORDER 2
2. The plaintiff submitted that he has objection to allow the Notice
of Motion alternatively, he has requested costs. Plaintiff has filed suit for
declaration and injunction against defendant no.1 to 6.
3. Considering relief sought by plaintiff against defendant no.1 to 3
it appears that liberty would have been given to these defendants to
contest the suit so that Court can decide the suit on merit. Though
mediation process was going on but the limitation time was
continuously running from the date of service of summons. This fact is
known to the advocate of defendants though it was not known to the
parties. The delay reason is 125 days which is too long period. Reason
given for delay is not accepted, therefore in the interest of justice,
defendant no.1 to 3 is allowed to file Written Statement subject to costs
of Rs.500/- to the plaintiff. Hence, following order:
ORDER
1. Notice of Motion No.1621 of 2018 is made absolute.
2. Written statement filed by defendants is taken on
record subject to costs of Rs.500/- to the plaintiffs
3. Notice of Motion No.1621 of 2018 stands disposed
of accordingly.
(C.V. PATIL)
Ad-hoc Judge,
Date : 05/10/2021 City Civil Court, Gr. Bombay
Dictated on : 05/10/2021,
Transcribed on : 05/10/2021,
HHJ signed on : 08/10/2021
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NM No.1621-2018 ORDER 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
08/10/2021 12.40p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 09)
Date of Pronouncement of JUDGEMENT
/ORDER
05/10/2021
JUDGEMENT /ORDER signed by P.O. on 08/10/2021
JUDGEMENT /ORDER uploaded on 08/10/2021
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