Interim Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC010117082019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4280 OF 2019
IN
SUIT NO.1536 OF 2018
Smt. Jyotsna Kailash Pingale ...Plaintiff.
V/s.
Mr. Suresh Sampatrao Gawai ...Defendant.
Appearances:
Learned Adv. Mr. Atulkumar B. Deshkar for plaintiff.
Learned Adv. Mr. Hemant V. Mhatre for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SANDIPKUMAR C. MORE
(C.R.No.04)
DATED : 18th November, 2019.
: ORAL ORDER :
The defendant has taken taken out this Notice of Motion for
permission to file written statement by condoning the delay of 90 days.
According to the defendant, he was served with writ of summons on
25.10.2018, but due to poor financial condition, he could not engage
advocate immediately and, by the time when he engaged such advocate
and instructed him for preparation of written statement, the limitation
period had expired. Hence, there occurred delay of 9 days. It is
contended by the defendant that he is having good case and therefore,
he might be permitted to file written statement in this matter.
2. On the contrary, the plaintiff under her reply dated 30.03.2019
strongly resisted the Notice of Motion on the ground that the defendant
despite service of summons on 25.10.2018, did not file written
statement without any just and reasonable cause. Moreover, the
defendant neglected and deliberately avoided to contest the suit within
the stipulated time of filing the written statement. As such, the plaintiff
contends that the no opportunity needs to be given to the defendant,
who is guilty of his own latches and negligence.
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NM 4280/19 in SU 1536/18 .. 2 .. Order
3. Heard rival submissions. Also perused the documents on record.
4. Admittedly, there is a delay of 90 days in filing the written
statement by the defendant, who was served with writ of summons on
25.10.2018. Moreover, the reason for non filing of written statement
within the stipulated period by the defendant, is also not convincing.
However, it is to be noted here that the defendant has filed his written
statement alongwith this Notice of Motion, which shows that he
seriously wants to contest the matter on merits. Under such
circumstances, I am of the opinion that one opportunity needs to be
given to the defendant for the same. The inconvenience caused to the
plaintiff, can be compensated by awarding suitable cost. Hence, I pass
the following order.
ORDER
1. The Notice of Motion No.4280 of 2019 is hereby
allowed, subject to costs of Rs.2,000/ to be paid by
defendant to plaintiff, till next date.
2. The delay of 90 days in filing the written statement by
the defendant is hereby condoned and the written
statement filed by the defendant which is already on
record be marked exhibit, after deposit of cost.
3. Notice of Motion No.4280 of 2019 is disposed of
accordingly.
(SANDIPKUMAR C. MORE)
1st Additional Principal Judge,
(C.R.No.4)
Date : 18.11.2019. City Civil Court, Gr. Mumbai
Dictated on : 18.11.2019.
Transcribed on : 18.11.2019.
Signed on : 18.11.2019.
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NM 4280/19 in SU 1536/18 .. 3 .. Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18.11.2019, at 4.50 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S.C. More
Court Room No.4
Date of Pronouncement of Judgment/order 18.11.2019.
Judgment/order signed by P.O. on 18.11.2019.
Judgment/order uploaded on 18.11.2019.
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