Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 2085 OF 2018
IN
SUIT NO. 182 OF 2018
(C.N.R. No. MHCC01-006762-2018)
Smt. Suhasini Suresh Vilankar & 2 Ors. ] ..Plaintiffs
V/s.
The Chief Officer & 3 Ors. ] ..Defendants.
Advocate Ms. Purva Pendurkar h/f. Adv. Matkar for the plaintiff.
Advocate Ms. Richa Singh h/f. Adv. Ms. Atiya Shaikh for
applicant/defendant No.4.
CORAM : HIS HONOUR JUDGE
MR. VAIBHAV V. PATIL
(C.R.NO.09)
DATE : 19th JANUARY 2024
ORAL ORDER
Defendant No.4 has taken out present Notice of Motion for
condonation of delay in filing written statement and for taking on
record written statement.
2. It is averred by the defendant No.4 that he has been served
with writ of summons on or about 27.03.2018 and in pursuant thereto
she appeared before the Court on 09.02.2018 through his advocate.
Defendant No.4 is a house maker, having no source of income at
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present. She is not much well converse with legal issues and as such
after 09.02.2018 she could not contact to her advocate and due to
financial contingency and her medical health she could not contact her
advocate and therefore, delay of 87 days is caused in filing written
statement. The delay is not intentional and deliberate and therefore,
delay be condoned.
3. Plaintiff has filed reply and strongly opposed the Notice of
Motion. It is submitted that there is delay of more than 3 months in
filing written statement. Defendant No.4 has raised grounds of ill health
and outstation journey as the reasons in filing written statement,
however, she has not come up with any documents to support her
contention. The grounds are not justifiable and Notice of Motion be
rejected.
4. Perused Notice of Motion, affidavit in support of Notice of
Motion as well as affidavit in reply to the Notice of Motion. The
following points arise for my determination and I have recorded my
findings to them for the reasons stated below.
Sr.
No.
POINTS FINDINGS
1 Whether defendant No.4 has made out case
for condonation of delay in filing written
statement?
In the
Affirmative.
2 What order? As per the final order
R E A S O N S
AS TO POINT NO.1 :
5. Heard Ld. Advocate for both the sides. It appears that
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there is delay of 87 days in taking out Notice of Motion for taking
written statement on record. The grounds of delay raised by defendant
No.4 are that she was not converse with the legal issues and due to her
financial contingencies and ill health, she could not contact her
advocate. Though plaintiff opposed the motion, the grounds appears to
be genuine. Delay caused in taking out Notice of Motion for filing
written statement is not intentional and deliberate. Further more, it
would be just and proper to give opportunity to defendant No.4 to
defend her case. Delay needs to be condoned for adjudicating the
matter on merits. At the same time, it is necessary to impose suitable
costs on the defendant No.4 for causing delay in taking out Notice of
Motion. In the result, I hold that delay caused in taking out Notice of
Motion deserves to be condoned. Hence, I answer point No. 1 in the
affirmative.
AS TO POINT NO.2 :
6. In view of affirmative findings to Point No.1, I hold that
Notice of Motion deserves to be allowed. In the result, I proceed to pass
the following order:-
ORDER
1. Notice of Motion No. 2085 of 2018 is hereby
made absolute.
2. Delay caused in taking out Notice of Motion is
hereby condoned subject to payment of costs of
Rs.1,000/- (Rupees One Thousand Only) to be
paid by defendant No.4 to the office of DLSA on
or before next date.
3. Upon payment of cost, written statement of
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defendant No.4 be taken on record.
4. Notice of Motion No. 2085 of 2018 is disposed of
accordingly.
(VAIBHAV V. PATIL)
Judge,
City Civil Court,
Date: 19.01.2024 Gr. Bombay.
Dictated on : 19.01.2024
Transcribed on : 19.01.2024
Signed on : 20.01.2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/01/2024 At 4.50 p.m. Ms. Manisha D. Hirole
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. VAIBHAV V. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
19.01.2024
Judgment/Order signed by P.O. on 20.01.2024
Judgment/Order uploaded on 20.01.2024
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