Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2097/19 in Suit No. 8808/98. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 2097 OF 2019
(CNR NO. MHCC010038192019)
IN
SUIT NO. 8808 OF 1998
(HIGH COURT SUIT NO. 2189 OF 1998)
Smt. Chintadevi Arjundas ...Plaintiff
Versus
Mr. Chandar Bhimrao Gadwal @ Gadwal and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 14th OCTOBER, 2019.
Mr. Omprakash Pandey, Advocate for Plaintiff.
Mr. Balbheem Patil, Advocate for Defendant No.2 (absent).
ORDER
This is a motion submitted by defendant no.2 i.e.
Headmaster of Anudatt Vidyallaya, Kandivali, Mumbai, to set aside ex
parte order dated 14/06/2006 and for permission to file written
statement.
2. Perused reply submitted by plaintiff.
3. None present on behalf of defendant no.2.
4. Heard ld. Advocate Omprakash Pandey for plaintiff. It is
submitted that as per report of Sheriff office dated 26/11/1998,
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N/m No. 2097/19 in Suit No. 8808/98. 2 Order.
summons is duly served on defendant no.2. There is no W.S. submitted
by any defendant. Defendant no.2 was called as a witness before the
Court. He appeared before the Court after service of bailable warrant.
At that time, defendant no.2 realized that no written statement was
filed by him. There was an unfortunate death of plaintiff's son caused
in April 1997 due to fault of defendant no.1 and negligence of
defendant no.2. Defendant no.2 was failed to file W.S. before the
Hon'ble Original Side of the Hon'ble High Court nor he obtained any
appropriate steps before this Court after transfer of the suit in the year
2013. It is requested to reject the motion.
5. Prima facie it indicate negligence of defendant for not filing
W.S. for almost 12 years. There is no written statement submitted by
defendant no.2 when suit was pending before the Hon'ble Original Side
of the High Court. It is contention of plaintiff that her son was died at
spot when the classroom was arranged in open space of the school run
by defendant no.2.
6. It is necessary to note that neither defendant no.1 nor
defendant no.3 submitted a written statement. On perusal of roznama
defendant no.2 was called as a witness before the Court. Considering
factual aspects in total, the presence of defendant no.2 and his written
statement will help to the Court to draw proper conclusion in respect of
negligence of defendants and to impose appropriate compensation, if
any. Therefore, present motion is allowed subject to cost of Rs.5,000/
be paid to plaintiff. Hence the order :
ORDER
1. Notice of Motion No. 2097/2019 is allowed.
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N/m No. 2097/19 in Suit No. 8808/98. 3 Order.
2. The order of exparte hearing dated 14/06/2006 is set
aside subject to cost of Rs.5,000/ (Rupees Five Thousand
Only) be paid to plaintiff or deposit in the Court within a
month from the date of order.
3. Upon payment of aforesaid cost, defendant no.2 may file
written statement.
4. N/m No. 2097/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 14/10/2019. Mumbai.
1. Dictated on : 14/10/2019.
2. Transcribed on : 17/10/2019.
3. Signed on : 17/10/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/10/2019. 5.09 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/10/2019.
Judgment/Order signed by P.O. on 17/10/2019.
Judgment/Order uploaded on 17/10/2019.
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