Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2094-19 in Suit No.2185-15
CNR NO.MHCC0100580819
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2094 OF 2019
IN
L.C. SUIT NO. 2185 OF 2015
New Ajanta CoOperative Housing
Society Ltd. ….....Applicant/
Original Defendant No. 4
In the matter between
Mahendra Kumar Jhajharia ......Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai & Ors. .... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th November, 2019.
Appearance:
Ld. Adv. Vrushali Kabre for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
Ld. Adv. Saloni Shah for defendant No. 4.
ORDER
1. Heard Learned Advocate for the defendant No. 4, Learned
Advocate for the plaintiff and Learned Advocate for the defendant
corporation.
2. The defendant No. 4 by this notice of motion seeks to file written
statement. It is contended that defendant No. 4 was served with Writ of
Summons on 13.04.2016. It is submitted that delay for filing the
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2 NM 2094-19 in Suit No.2185-15
written statement is not deliberate. Due to oversight and bonafide
mistake, written statement could not file. The refusal to file written
statement would cause prejudice to defendant No. 4.
3. The plaintiff had replied the notice of motion and had contended
that no just and proper ground is made to permit the plaintiff to file
written statement.
4. The suit is for declaration that the impugned order issued
pursuant to the notice issued under Section 354A of the MMC Act is
illegal and null and void.
On perusal of the contentions in the notice of motion, no just
grounds are made by the defendant No. 4 to show that the
circumstances preventing him from filing written statement. It is the
contention is that due to bonafide mistake of defendant No. 4, the
defendant No. 4 could not be file the written statement. The contention
does not appear to just to permit him to file written statement.
The notice of motion therefore cannot be entertained. In the
result, following order is passed.
ORDER
The Notice of Motion No. 2094/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 30.11.2019 City Civil Court, Mumbai.
Dictated on : 30.11.2019
Transcribed on : 30.11.2019
Signed by HHJ on : 05.12.2019
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3 NM 2094-19 in Suit No.2185-15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.12.2019 at 5.35 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
30.11.2019
JUDGMENT/ORDER signed by
P.O. on
05.12.2019
JUDGMENT/ORDER uploaded
on
05.12.2019
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