Order 1

Order Details: Order below exhibit
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IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
APPLICATION AT EXHIBIT19
IN
COMMERCIAL SUIT NO.02 OF 2021
(MHCC010053412020)
Tejimalji Veerji Darbar ) … Plaintiff.
Vs.
Deep Singh Bhik Singh Deora & Others )...Defendant.
Appearances:
Adv. Bharati Sharma h/f Adv.Rajesh Bindra for plaintiff.
Adv. Chandrakant Ambani for defendant No.2.
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 15th February, 2022
ORDER BELOW EXHIBIT19
The defendant No.2 has taken out this application to
condone the delay in filing written statement.
2. It is the contention of the defendant No.2 that due to travel
restrictions and partial lockdown imposed by the State Government, the
defendant No.2 was not able to find a suitable advocate. The
defendant's advocate was unwell. With these contentions the defendant
No.2 has prayed to condone the delay in filing written statement.
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.. 2.. Application at Exh.19 in COM. SU 02/2021
3. The application is opposed by the plaintiff by reply at
Exhibit22. It is contention of the plaintiff that suit summons was served
upon the defendant No.2 on 19.01.2021, the defendant No.2 was liable
to file written statement within 30 days. The defendant No.2 did not file
the written statement within the specific period. His right is forfeited.
With these contentions the plaintiff has prayed to reject this application.
4. Heard learned advocate for the defendant No.2 and the
plaintiff.
5. The learned advocate for the defendant No.2 has relied on,
yesterday's Judgment of the Hon'ble Supreme Court in Prakash
Corporate Vs. D. V. Projects Ltd. 2022 Live Law (SC)162. He urged
that in view of said Judgment of the Hon'ble Supreme Court there was
no limitation against the defendant No.2. I have gone through the
Judgment of Hon'ble Supreme Court in Suo Moto Writ Petition No. 03
of 2020. I have also gone through the Judgment of Hon'ble Supreme
Court in Prakash Corporate Vs. D. V. Projects Ltd. 2022 Live Law
(SC)162. In view of these Judgments the defendant No.2 is required to
be allowed to file written statement. The limitation period is extended
and hence, written statement filed by the defendant No.2 is required to
be taken on record. In the result the Notice of Motion is required to be
allowed. Hence, I pass following order.
ORDER
1. Application at Exhibit19 is allowed.
2. Delay in filing written statement by defendant No.2 is
condoned.
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.. 3.. Application at Exh.19 in COM. SU 02/2021
3. Written statement filed by defendant No.2 is taken on record
and marked as Exhibit24.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 15.02.2022 Mumbai.
Dictated on : 15.02.2022
Typed on : 16.02.2022
Signed by HHJ on : 17.02.2022
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.. 4.. Application at Exh.19 in COM. SU 02/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.02.2022 at 05.55 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. AMBEKAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI R.A.Sasne
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
15.02.2022
Judgment/order signed by P.O. on 17.02.2022
Judgment/order uploaded on 17.02.2022
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