Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
NOTICE OF MOTION NO.2423 OF 2019
IN
S.C.SUIT NO.249 of 2013
Mr.Hanif Shafik Shaikh ....Plaintiff
V/s
The BEST Undertaking & Ors. ....Defendants
APPEARANCE:
Advocate Jyoti Singh for plaintiff.
Advocate Yasmin Sarang for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 30th September, 2019
ORDER
1. Perused Notice of Motion @ Affidavit.
2. Heard, Ld, counsel for both sides.
3. It is submitted by the defendant that the present suit filed by
plaintiff against defendant for recovery of amount of Rs. 2,64,888/ and
interest thereon. It is further submitted that the legal department of the
defendant was undergoing renovation work and temporary shifted to
other place in the same building where there office is situated. It is
further submitted that the entire papers pertaining to office including
legal matters where relocated and in the process of shifting and
rearranging files and even though the defendant is forget to inform
concern department about the matter of service and therefore, they
could not tender written statement within a stipulated period and delay
has been caused of 2010 days. It is further submitted that the delay to
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file written statement is not intentional defendant has good case to
succeed on merit. And if the motion is allowed there is no prejudice is
caused or loss to the plaintiff . Lastly it is submitted that the delay in
filing be condoned and defendant be permitted to file written statement
on record.
4. Plaintiff opposed notice of motion by filling written reply. It is
contended by the plaintiff that defendant has filed false frivolous
vexatious improper, misconceive and not tenable and non maintainable.
It is further contended by the plaintiff that the ground shown in the
notice of motion is not maintainable and defendant has failed to explain
the delay. It is further contended that the defendant has failed to
explain the delay of 2010 days and also failed to show the satisfactory
reason to condonation of delay. Lastly it is submitted that the notice of
motion does not have any reason and it may be rejected.
5. After gone through the entire record it shows that the suit is
pending in the court since 2013 against defendant. As per the record
defendant has not disputed the service of writ of summons before 2010
days. As per order VIII Rule 1 of CPC. It is mandatory on the part of
defendant to file written statement within 30 days and if it is not do so
then it was extended for the period of 90 days if defendant shows
special reasons. In the present suit defendant came with specific case
that delay has been caused of 2010 days for filling written statement.
And for the purpose of condonation of delay defendant raised the
ground that the renovation work of his legal department was
undergoing and the concern is failed to bring the service of writ of
summons to the knowledge of concern department. Apparently, looking
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into the facts and circumstances reason given by the defendant in the
notice of motion is at all not satisfactory. Moreover, the defendant has
failed to explain the reason of delay of 2010 days. Except this no any
other ground shown by defendant to consider the application for
condonation of delay. In the abovesaid reason I do not find any ground
to condon delay and grant permission to the defendant to file written
statement. Hence I proceed to pass following order.
ORDER
Notice of Motion is dismissed with costs.
Date: 30/09/2019 (Milind A.Bhosale)
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 30/09/2019
Typed on : 30/09/2019
HHJ signed on : 30/09/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30.09.2019 at 12.15 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
30.09.2019
JUDGMENT/ORDER signed by P.O. on 30.09.2019
JUDGMENT/ORDER uploaded on 30.09.2019
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