Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1.. NM NO.2039/2018
MHCC010066072018
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2039 OF 2018
IN
S.C.SUIT NO.1881 OF 2016
Avgadshing Bhairusingh Parmar. … Plaintiff.
Versus
Trilochan Udaynath Samantara
and others ...Defendants
Advocates
Ajay Thavare for the plaintiff.
Deepa Kamat for defendant no.1 and 2.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
COURT NO.2
DATED : 5th April, 2022.
ORAL ORDER
Heard advocate for both parties on notice of motion moved on
behalf of the plaintiff for proceeding without written statement against
defendant no.1 to 4 (wrongly mentioned as defendant no.1 to 5).
Perused the notice of motion, reply of defendant no.1, 2 and 4, and
rejoinder of the plaintiff to reply of defendants.
2. At the outset, it is to be mentioned that defendant no.1 and 2
had filed Notice of motion no. 4302 of 2019 for condonation of delay
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ORDER ..2.. NM NO.2039/2018
and taking their written statement on the record. After hearing both
parties, this Court allowed said notice of motion today itself. Hence,
now only question remains for consideration is whether suit can be
proceeded without written statement of defendant no.3 and 4.
3. Though defendant no.4 (Reliance Capital Limited ) filed reply
to present notice of motion contending that copy of plaint has not been
served along with writ of summons but no application is filed for
directing the plaintiff to provide copy of plaint. From affidavit of service
dated 04.02.2019 filed by the plaintiff alongwith bailiff report, it
appears that writ of summons was served on defendant no.3 on
16.12.2017 and on defendant no.4 on 10.01.2018. Thus defendant no.3
and 4 are duly served but they failed to file their written statement on
record. Under the facts and circumstances, notice of motion is liable to
be partly allowed. In the result, following order.
ORDER
1. Notice of Motion No.2039 of 2018 is partly allowed.
2. Defendant no.3 and 4 are hereby proceeded without written
statement.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 05.04.2022
Typed on : 05.04.2022
HHJ signed on : 05.04.2022
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ORDER ..3.. NM NO.2039/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 05.04.2022, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
05.04.2022
JUDGMENT/ORDER signed by P.O.
on
05.04.2022
JUDGMENT/ORDER uploaded on 05.04.2022
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