Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M No.1831/2019 in Suit No.3029/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1831 OF 2019
(C.N.R. No. MHCC01-005173-2019)
IN
S. C. SUIT NO. 3029 OF 2018
C.N.R. No. MHCC01-006891-2018)
Maulikrupa SRA CHS ]..Applicant/
Original defendant no.7
V/s.
Navalkishor B. Sharma. ]..Respondent
Original Plaintiff.
In the matter of
Navalkishor B. Sharma. ]..Plaintiff.
V/s.
1. Maharshtra Housing and Area ]
Development Authority of India and others.]..Defendants.
Advocate Ms. Prabu for the defendant no.1.
Advocate Mr. Harshal Damania for the defendant nos.2 and 7.
Advocate Mr. Chandramore for the defendant no.3.
Advocate Mr. Darshan Jain for the defendant nos.4 and 5
The plaintiff in person.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 12th MARCH, 2020
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2 N.M No.1831/2019 in Suit No.3029/2018
ORAL ORDER
This notice of motion is taken out by the defendant no.7
praying to condone the delay of 57 days in filing written statement and
to allow him to file his written statement on record.
2 It is contended by the defendant no.7 that he was served
with the writ of summons on 23.02.2019. Thereafter, he has instructed
his advocate to draft his written statement, so that he can get the same
approved from the management of the defendant no.7 society.
Accordingly, the written statement was drafted, but it finalized to get
approval from the management to the defendant no.7 society. The
written statement of the defendant no.7 was approved on 20.04.2019.
The written statement ought to have been filed within 30 days from the
date of service of writ of summons, but counting delay therefrom, there
is delay of 30 days. However, written statement is being filed within 90
days from the date of service of writ of summons. The delay is not
intentional, but it was unavoidable. The defendant no.7, therefore,
prays to condone such delay.
3 The plaintiff has resisted this notice of motion by filing
reply that delay is not properly explained. The defendant no.2 was
negligent in filing written statement. It was duty of the defendant no.2
company to approve the written statement within stipulated period.
Therefore, this notice of motion is liable to be dismissed.
4 In the alternative, the plaintiff claims cost of Rs.25,000/-,
in case the Court comes to the conclusion to condone the delay and
allow the defendant no.2 to file his written statement on record.
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3 N.M No.1831/2019 in Suit No.3029/2018
5 Heard the learned advocate for both the parties.
6 The written statement is sought to be filed within a period
of 90 days. Considering the ground for delay, delay does not appear to
be deliberate. Thus, such delay should be condoned liberally, so as to
meets the ends of justice, by awarding reasonable cost to the plaintiff.
Hence, the order.
ORDER
Notice of Motion No.1831 of 2019 is made absolute by
condoning the delay and allowing the defendant no.7 to file written
statement on record subject to payment of cost of Rs.1,000/- (Rupees
One Thousand only) to the plaintiff.
2 On payment of such cost, written statement of the
defendant no.2 is allowed to be taken on record.
3 Notice of Motion No.1831 of 2019 stands disposed of
accordingly.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 12/03/2020. Gr. Bombay.
Dictated on : 12/03/2020
Transcribed on : 12/03/2020
Signed on : 12/03/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/03/2020 At 12.05 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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4 N.M No.1831/2019 in Suit No.3029/2018
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
12/03/2020
Judgment/Order signed by P.O. on 12/03/2020
Judgment/Order uploaded on 13/03/2020
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