Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2180/19 in S.C.Suit No. 1957/2018 1
Date : 18.07.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2180 OF 2019
IN
S.C.SUIT NO. 1957 OF 2018
(CNR.NO.MHCC01002832 2018)
Deepcon (India) Co. Pvt. Ltd. ...Applicant (Ori.Defendants)
Vs.
Steelfab Scaffoldings &
Engineering ... Respondent (Ori. Plaintiff)
Appearances :
Mr. Altaf Choudhari, Ld. Advocate for plaintiff present.
Mr. Sanjeev Hariakar, Ld. Advocate for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 32
Dated : 18th July, 2019.
ORDER
1. The defendant has filed instant Notice of Motion for
condonation of delay of 44 days in filing Written Statement. It is
contended by the defendant that they have received Writ of
Summons on 22.02.2019. Thereafter, the defendant could not be
given instructions to their Advocate for preparing Written
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NM 2180/19 in S.C.Suit No. 1957/2018 2
Statement. Further due to summer vacation from 05.05.2019 to
02.06.2019, the Written Statement could not be filed. There is
delay in filing Written Statement.
2. It is contended by the defendant that the delay is not
intentional. The defendant would suffer great prejudice if delay is
not condoned. The Notice of Motion is orally apposed by the
plaintiff on the ground that there is no sufficient cause assigned by
the defendant and reasons are vague. Hence, the plaintiff prayed
for rejection of the Notice of Motion.
3. Heard both the sides. Perused application. The reasons
assigned by the defendant are that within statutory period, they
can not furnish necessary instructions to their lawyer. The reasons
forwarded by the defendants are on Affidavit. Moreover, in my
view, if the delay is not condoned and the defendant is not
allowed to defend the suit, the suit would remain undefended
which would cause great prejudice to the right of defendant, hence
in my view, the delay can be condoned. The inconveniency caused
to the plaintiff can be compensated by awarding reasonable cost of
Rs. 2000/ Thus, I proceed to pass the following order.
ORDER
1. Notice of Motion No. 2180 of 2019 is made absolute in terms
of prayer clause.
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NM 2180/19 in S.C.Suit No. 1957/2018 3
2. The delay of 44 days in filing Written Statement is hereby
condoned subject to payment of cost of Rs. 2000/ to the
plaintiff.
3. Notice of Motion No. 2180 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 18.07.2019 Greater Mumbai
Directly Dictated on Computer : 18.07.2019
Draft Submitted on : 18.07.2019
Checked on : 20.07.2019
Signed on : 20.07.2019
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NM 2180/19 in S.C.Suit No. 1957/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20/07/2019 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.32)
Date of Pronouncement of
JUDGMENT/ ORDER
18/07/2019
JUDGMENT/ORDER signed by P.O.
on
20/07/2019
JUDGMENT/ORDER uploaded on 20/07/2019
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NM 2180/19 in S.C.Suit No. 1957/2018 5
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