Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2406-19 in SU 2452-18
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.2406 OF 2019
(CNR No.MHCC01-006627-2019)
IN
SUIT NO.2452 OF 2018.
(CNR No.MHCC01-010874-2018)
Narendra Singh Chawara & Anr. }...APPLICANTS.
IN THE MATTER OF
Mrs. Hemangini Kumari Prithvi Raj & Anr. }...PLAINTIFFS
Versus
Narendra Singh Chawara & Anr. }...DEFENDANTS.
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Shri.Subro Dey i/b. Disha Parekh, learned advocate for the plaintiff.
Smt.Bavika Manek, learned advocate for the defendant.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62)
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O R A L O R D E R
(Delivered on 12/10/2021)
1. This Notice of Motion is taken out by the defendant to
condone the delay of 174 days caused in filing written statement.
2. Read the affidavit filed in support of Notice of Motion.
plaintiffs have failed to file reply. Heard learned Smt.Manek advocate
for defendant and learned Shri.Subro Dey advocate for plaintiff.
3. Admittedly, there is a delay of 174 days in filing the written
statement. Having gone through the record, I found substance in the
argument of learned advocate for the defendant that writ of summons
was not served and defendants have waived service of writ of summons
on 3/10/2018. This Notice of Motion is taken out on 18/4/2019.
Admittedly, written statement of defendants is produced with the Notice
of Motion itself.
4. Learned advocate for the plaintiff though opposed the
Notice of Motion by submitting that statement made in the affidavit
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2 NM 2406-19 in SU 2452-18
about traveling of defendant to Singapore is not supported by any
document and other reasons are not sufficient to condone the delay, he
alternatively submitted that Notice of Motion may be allowed by
imposing heavy costs.
5. As mentioned earlier, plaintiffs have failed to file reply to
the Notice of Motion hence, statements made in the affidavit filed in
support to Notice of Motion have gone on record unchallenged. Having
regards to it and the alternate argument of the learned advocate for the
plaintiffs so also, as it appears that the delay is not intentional and
written statement of the defendants is already produced on record, this
court is of the opinion that interest of justice will be protected if Notice
of Motion is allowed by imposing certain costs on defendants. For these
reasons, an order.
O R D E R
Notice of Motion No.2406 of 2019 is allowed in terms of its
prayer clause “a” subject to cost of Rs.2000/- (Two Thousand
Rupees only).
Defendants shall either pay the amount of cost to the
plaintiffs directly or shall deposit it in the Court on or before next
date.
After the cost is paid/deposited, written statement of
defendants will be taken on record.
Date : 12/10/2021. (P.P.RAJVAIDYA)
Dictated on : 12/10/2021. Judge, C.R.No.62,
Checked on : 12/10/2021. City Civil Court,
Signed on : 12/10/2021. Mumbai.
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3 NM 2406-19 in SU 2452-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
20.10.2021 at 4.45 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.62)
Date of pronouncement of Order 12.10.2021.
Order signed by P.O. on 12.10.2021.
Order uploaded on 20.10.2021.
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