Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1755-18 in Suit no. 1500-16 1 Date : 24.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1755 OF 2018
IN
SUIT NO. 1500 OF 2016
(CNR NO.MHCC010057472018 )
Mr. Jagdish Ganpat Gurav, .. Plaintiff
Versus
Smt. Kunda Manohar Gurav and Ors. .. Defendants
Appearances :
Ld. Adv. Chandramani Gamar I/b Sachin Masurkar for
plaintiff. Ld. Adv. Savita Suryavanshi I/b Adv. Arvind Pawar
for Deft. No. 1.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 3
Date : 24.08.2021
ORDER
1. The defendant no. 1 has filed instant Notice of Motion
seeking to recall the order dated 08.02.2018 passed by this Court
whereby this Court proceeded with out her Written Statement.
2. Heard both the sides. Perused Notice of Motion and reply. I
have also perused Affidavit of Service filed by the plaintiff. The
postal receipt shows that the envelope containing 45 grams were
served to the defendant no. 1. The defendant no. 1 contended
that she was not served with the copy of plaint and documents.
Therefore, till date she was unable to file her Written Statement.
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NM 1755-18 in Suit no. 1500-16 2 Date : 24.08.2019
3. After perusal of copy of plaint and documents it is certainly
more than 45 grams. Moreover, Ld. Advocate for plaintiff fairly
conceded the copy of plaint was not supplied to the defendants.
Thus, in view of above fact, I find sufficient reasons to condone the
delay. Therefore, in my view, the Notice of Motion needs to be
allowed in the interest of justice. Thus, I proceed to pass the
following order :
ORDER
1. Notice of Motion No. 1755 of 2018 is hereby allowed in
terms of prayer clause (a) and (b).
2. Plaintiff is directed to serve copy of plaint alongwith
documents and thereafter, defendants to file Written Statement
within a period of 30 days from the date of receipt of plaint and
documents from the plaintiff.
3. Parties to bear their own cost.
4. Notice of Motion No. 1755 of 2018 stands disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 24.08.2021 Greater Bombay.
Dictated on : 24.08.2021
Typed on : 24.08.2021
Draft Submitted on : 24.08.2021
Checked on : 25.08.2021
Signed on : 26.08.2021
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NM 1755-18 in Suit no. 1500-16 3 Date : 24.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
26/08/2021 at 3.00 p.m (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
24/08/2021
JUDGMENT/ORDER signed by P.O.
on
26/08/2021
JUDGMENT/ORDER uploaded on 26/08/2021
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