Final Order 1

Order Details: Notice of Motion
Pdf Text: 27 09.12.2021
SU 2454/14
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NM 2125/19
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NM 2124/19
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NM 2123/19
Ex.7
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv Jagruti Bhise for plaintiff present.
Adv Sumedha Sawant for defendant present.
Order below NM 2124/19
Perused the notice of motion which is supported by an affidavit
being executed by M.G. Singhal Constituted Attorney of the
defendant. As per order dated 3/2/2021 passed by my learned
predecessor. This notice of motion is proceeded without reply.
Heard learned advocate Jagruti Bhise for the plaintiff and Adv.
Sumedha Sawant for the defendant. It is an admitted fact that
the written statement is already filed on record. The delay in
filing the said written statement has been satisfactorily explained
in paras no.2 to 11 of the affidavit in support of NM.
Considering the contents condoning the delay in filing written
statement does not appears to be intentional one. Moreso
considering the nature of the suit and liberty can be granted to
the defendant to file written statement on record. Nonetheless
it is pertinent to note that both the learned advocates have
submitted that there is likelihood of settlement between the
parties hence for fair trial and proper adjudication of the case
and in the interest of justice the delay in filing written statement
can be condoned. Hence I pass the following order.
Order below Nm 2124/19
Notice of motion no. 2124/19 is allowed in terms of prayer
clause (a) and written statement be taken on record and be
exhibited.
Order below NM No. 2125/19
Perused the notice of motion which is supported by an affidavit .
Also perused the order dtd. 17/01/2015 passed by my learned
predecessor. As the written statement is already filed on record
and further when the learned advocate for the plaintiff has
submitted that the matter is likelihood to be settled, in my
opinion the defendant can very well be permitted to file written
statement in consonance of the reasons as discussed in NM no.
2124/19 hence in the interest of justice I pass the following
order.
Notice of motion no. 2125/19 is allowed in terms of prayer
clauses (a) and (b) and written statement filed by the defendant
be taken on record and marked as Exh.7. It is also directed that
defendant to supply the copy of written statement upon the
plaintiff within one week. NM is disposed of accordingly.
Order below NM no. 2123/19.
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This Notice of motion no. 2123/19 is not pressed by making
endorsement on NM by the advocate for the defendant with
liberty to file a fresh. Hence I pass the following order.
NM no. 2123/19 stands disposed of with liberty to file a
fresh.
It is submitted by the advocate for the plaintiff that there is
likelihood of settlement between the parties. Considering
the pleadings on record I am in the opinion that there are
elements of settlement hence as per both the learned
advocates have consented for referring the matter for
mediation as per section 89 of the CPC. This matter is
referred to mediation . Parties are directed to attend the
District Mediation Centre on 10/01/2022 at 2.pm.
Matter is adjd to 10.01.2022 for mediation and
Matter adjd.to 28/02/2022 for report of mediation.
Judge
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