Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2018 OF 2019
IN
S.C. SUIT NO.151 OF 2019
Siddharth Naresh Sogani … Plaintiff
V/s.
Bannari Amman Spinning Mills Ltd. … Defendants
Appearances :
Ld. Adv. Darshan Bafna for plaintiff.
Ld. Adv. Ashwin Shetye for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 14th OCTOBER, 2019
ORDER
Defendant has taken out this notice of motion for setting
aside no written statement order and condonation of delay of 93 days.
2. It is argued on behalf of defendant that on 04.02.2019
defendant appeared in the matter and sought time for filing written
statement. Accordingly, matter was adjourned to 30.04.2019. On that
day as defendant has not filed written statement, Court has passed no
written statement order. In fact on that day the written statement was
ready with defendant who is from Coimbatore while the Learned
advocate is residing in Mumbai. So also since 2013 there are
transactions with plaintiff. The necessary documents i.e. invoices and
emails are plenty in number and it was necessary to go through it
before filing written statement. For that reason delay is caused in filing
MHCC010124462018
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NM 2018/2019 .. 2 .. Suit No.151/2019
the written statement. The delay is not intentional. Defendant has
good case on merit. Therefore, defendant may be allowed to file
written statement by setting aside no written statement order.
3. Plaintiff has resisted the application on the ground that suit
summons is received by defendant on 31.01.2019. So till 30.04.2019
defendant was having ample time to place written statement on record.
However, defendant failed to file written statement within said time.
Considering above times span the contention of defendant is not tenable
that there was no sufficient time in preparing their written statement.
Defendant want to delay the matter.
4. It is a matter of record that on 04.02.2019 defendant
appeared in the matter and time was granted to him till next date i.e.
30.04.2019 to file written statement. On that day as defendant failed to
file written statement, Court has passed no written statement order.
5. Now it is the contention of defendant that because of
voluminous documents the written statement could not be prepared in
time. In absence of any contrary submission there is no reason to deny
the submission made by defendant about delay in preparing written
statement. Moreover, it is a matter of record that defendant is from
Coimbatore, Tamil Nadu while his advocate is from Mumbai. So certain
time might have been went in their communication. As defendant is
ready to file written statement there is no reason for this Court to deny
the same. It is settled legal position that matter should be decided on
merit by giving opportunity to both the sides. Therefore, opportunity
needs to be given to the defendant. At the most certain cost can be
imposed considering the days of delay. With this I proceed to pass the
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order.
ORDER
1. NM No.2018/19 in SU No.151/19 is hereby allowed.
2. The no written statement order dated 30.04.2019 and
delay of 93 days in filing the written statement is hereby
set aside on defendant paying cost of Rs.3,000/ to the
plaintiff or to deposit it in the Court on or before next date.
3. On compliance of cost order the written statement of
defendant be taken on record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 14/10/2019. City Civil Court, Gr. Mumbai
Dictated on : 14.10.2019
Transcribed on : 15.10.2019
Signed on : 16.10.2019
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17.10.2019 05.30 p.m. Sanjay B. Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
14.10.2019.
Judgement/order signed by P.O on 16.10.2019.
Judgement/order uploaded on 17.10.2019.
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