Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 2128/18 in Su 880/16 1/2 Date : 18.7.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.2128/2018
IN
SUIT NO.880/2016
Mr. Suresh Babu Kanade ]... Plaintiff
V/s.
1. Smt. Sumati Babu Kanade & Ors. ]… Defendants
Adv. Ms. Chavan with Adv. H. R. Haryan for plaintiff.
Adv. Sawant with Adv. Parkar for defendant no.3.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 18.07.2018
ORDER
(Dictated in open court)
This motion is filed by defendant no.3 for condonation of delay of
568 days in filing written statement and permission to file written
statement on record. The plaintiff has filed reply to the motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is urged by the Ld. Counsel for defendant no.3 that the suit is
between mother and brothers and it was initially referred for mediation.
Defendant no.3 was hoping that the matter will be settled between the
parties and therefore, he could not file written statement.
4. As against this, the Ld. Counsel for plaintiff submits that no
reasons are given in the affidavit for the inordinate delay in filing the
motion. He submits that even when the matter was pending before
Mediator, the defendant no.1 had filed written statement on 6.6.2016.
He therefore, prayed that the motion be rejected.
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N/M 2128/18 in Su 880/16 2/2 Date : 18.7.2018
5. On hearing the Ld. Counsel for the parties and on perusing the
affidavit filed in support of motion, I find that defendant no.3 has made
out sufficient cause to condone the delay of 568 days. It is not disputed
by the Ld. Counsel for plaintiff that matter was initially referred for
mediation and it was pending there for four months. There is no reason
to disbelieve that defendant no.3 was under impression that the matter
may be settled and therefore, he did not file written statement. He can
be given one more opportunity to contest the suit. Hence, the delay in
filing the motion is liable to be condoned. However, defendant no.3 is
liable to compensate the plaintiff by paying cost. Hence, following
order.
ORDER
1. Notice of motion no.2128/2018 is made absolute in
terms of prayer clause (a) subject to payment of cost of
Rs.5,000/ to the plaintiff in two weeks failing which the
notice of motion shall be dismissed.
2. If cost is paid, written statement be taken on record.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 18.7.2018 Gr. Bombay.
Dictated on : 18.7.2018
Typed on : 20.7.2018
Signed on : 20.7.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
20.7.2018 at 3.10 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of 18.07.2018
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N/M 2128/18 in Su 880/16 3/2 Date : 18.7.2018
JUDGMENT/ORDER
JUDGMENT/ORDER signed by
P.O. on
20.07.2018
JUDGMENT/ORDER uploaded
on
20.07.2018
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