Final Order 1

Order Details: Notice of Motion
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IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT FORT GREATER BOMBAY
NOTICE OF MOTION NO. 1886 OF 2018
IN
SHORT CAUSE SUIT NO.7297 OF 2002
Shyam Purshottam Borkar .. .. Plaintiff
Versus
Manoj V. Dabholkar .. .. Defendant
Advocate for the plaintiff present.
Mr. C. P. Deogirikar with Mr. Sameer R. Logade Advocate for
the Defendant.
Coram : His Honour Judge
Shri. G. O. Agrawal
CR no. : 13
Dated : 2.7.2018
Oral Order:
The notice of motion has been taken out by the
defendant for taking on record written statement filed beyond
the period of limitation. The delay is of 35 days. Learned
Counsel for the plaintiff opposed the notice of motion.
2. This is a suit of 2002 originated from Hon'ble High
Court. It was dismissed in default on 23.4.2014.
Subsequently, the suit was restored to the file of the court.
On 29.4.2013 no written statement order came to be passed.
Since then there appears no progress in the matter. The
defendant is ready with the written statement. The delay is
merely of 35 days. For the reasons stated in the affidavit in
support of the notice of motion, the delay does not appear
intentional. In order to avoid multiplicity of the proceedings,
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it would be just and proper to allow defendant to tender his
written statement on record. The inconvenience caused to
the plaintiff can be compensated by awarding costs upon the
defendant.
In the result, following order is passed :
ORDER
1. Notice of Motion no. 1886 of 2018 is allowed with costs.
2. No written statement order dated 29.4.2013 is recalled
subject to payment of costs of Rs.1000/ to the plaintiff.
3. The defendant is allowed to tender his written statement
on record subject to payment of costs.
Per Court : At this stage, learned Counsel for defendant
paid the costs to learned Counsel for the plaintiff. The
written statement filed by the defendant be taken on
record and placed at Exhibit 5.
Dated : 2.7.2018 (G. O. Agrawal)
Judge
City Civil Court
Gr. Mumbai
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(As per office circular no.25 of 2016 and 20 of 2016, dated 20.12.2016 issued by IC Registrar)
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DATE & TIME OF UPLOADING NAME OF STENOGRAPHER : BHARATKUMAR NUKTE
2.7.2018 5.45 pm
Name of Steno with Post. : Bharatkumar Nukte, Stenographer (HG)
Name of the Judge (with Court no.) : HHJ Shri. G. O. Agrawal (CR no. 13)
Date of pronouncement of Judgment : 2.7.2018
Judgment signed by the P.O. on : 2.7.2018
Judgment uploaded on : 2.7.2018
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