Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1625-18 in Suit No. 913-11
CNR NO.MHCC01 00526418
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1625 OF 2018
IN
L.C. SUIT NO. 913 OF 2011
Dwarka Hundaldas Sainani ....Plaintiff
V/s.
The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 29th August, 2019
Appearance:
Ld. Adv. Mr. J.S. Yadav for the plaintiff.
Ld. Adv. Smt. Smita Tondwalkar for defendant/MCGM.
Ld. Adv. Mr. K.R. Parekh for defendant no.2.
ORDER
1. Perused the application and say. The defendant no. 2 by this
notice of motion seeks to file the written statement in the suit.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation. The order of no written statement was
passed against the defendant no. 2 on 03.11.2011.
3. The defendant no. 2 by this notice of motion seeks to set aside the
order of no written statement and seeks to permission to file the written
statement. The reason for the delay in filing the written statement is
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2 NM 1625-18 in Suit No. 913-11
contended that he categorically remembers that no writ of summons
were served on him.
It is contended that he be allowed to file written statement.
4. Admittedly, the order of no written statement is passed in the
year 2011. The notice of motion is moved in the year 2018. The reason
mentioned in the notice of motion for setting aside the order of no
written statement is that he does not remember that any writ of
summons was served on him. It was for the defendant to be vigilant
and no steps taken by the defendant no. 2 to set aside the order passed
in the year 2011.
The reason for setting aside the notice of motion is not
convincing. Hence, the notice of motion cannot be entertained and
deserves to be dismissed. In the result, following order is passed.
ORDER
The Notice of Motion No. 1625/2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 29.08.2019 City Civil Court, Mumbai.
Dictated on : 29.08.2019
Transcribed on : 30.08.2019
Signed by HHJ on : 30.08.2019
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3 NM 1625-18 in Suit No. 913-11
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 31.08.2019 at 3.30 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
29.08.2019
JUDGMENT/ORDER signed by
P.O. on
30.08.2019
JUDGMENT/ORDER uploaded
on
31.08.2019
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