Final Order 1

Order Details: Notice of Motion
Pdf Text: .. 1 .. N/M No. 2017/19 in Suit No. 1804/18
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 2017 OF 2019
IN
Suit No. 1804 OF 2018
Mr. Suresh Subai Rajbhar ...Plaintiff
V/s.
Mr. Ashok Kumar Chaitar Rajbhar and ors. ...Defendants.
Adv. Anand Charanbir for the Plaintiff.
Adv. Rajesh Singh with Pathak for Defendant1.
Adv. Mr. Bansod for Defendant no. 3.
Adv. Ms. Krishna Patel for Defendant no. 5..
Adv. Ms. Chandramore for BMC/Defendant no. 4.
CORAM : HIS HONOUR JUDGE
MS. S. P. PONKSHE.
(Court Room No.12).
DATED : 28h August, 2019.
ORDER
1. This Notice of Motion has been taken out by
Defendant no. 1 for condonation of delay of 232 days in filing
Written Statement and allowing Defendant no. 1 to file Written
Statement on record. Defendant no. 1 has filed affidavit in support
his Notice of Motion and prayed for allowing this Notice of
Motion.
2. The Plaintiff has filed reply to this Notice of Motion
and resisted Notice of Motion. It is contended that no cause has
been shown by Defendant no. 1 for delay in the affidavit and not
tendered Written Statement alongwith Notice of Motion. Hence,
prayed for dismissal of Notice of Motion with costs.
3. Heard Learned Advocate for Defendant no. 1 and the
Plaintiff. It appears that alongwith this Notice of Motion,
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.. 2 .. N/M No. 2017/19 in Suit No. 1804/18
Defendant no. 1 has tendered Written Statement. Further
considering the reason stated by Defendant no. 1 in his affidavit in
support of Notice of Motion, It is just and proper to give
opportunity to Defendant no. 1 to file Written Statement, in order
to decide real controversy between the parties on merits. If
present Notice of Motion is allowed, no prejudice would be caused
to the Plaintiff. While allowing this Notice of Motion, delay caused
is to be considered by the court and further costs is to be imposed
upon Defendant no. 1. Learned Advocate for the Plaintiff has
submitted that costs may be given to District Legal Services
Authorities. Thus, Notice of Motion is to be allowed in the interest
of justice. Considering submissions, I proceed to pass the following
order.
ORDER
1. Notice of Motion No. 2017 of 2019 is made absolute in
terms of prayer clause (a), subject to payment of costs of
Rs.2500/ to District Legal Services Authorities and
accordingly directed to deposit the costs, prior to next date.
2. On payment of costs, already tendered Written Statement
be taken on record on next date.
3. Notice of Motion No. 2017 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Mumbai.
Dated : 28.08.2019.
Dictated on : 28.08.2019.
Typed on : 28.08.2019.
Signed by HHJ on :
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