Interim Order 2

Order Details: Notice of Motion
Pdf Text: ..1.. Order in N/M no.4723/25 in S.C.Suit 1375/18
MHCC010117462025
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4723 OF 2025
IN
S.C.SUIT NO. 1375 OF 2018
Mahesh Shakralal Chhatriwala & Anr. ...Plaintiffs.
Versus
Shanta @ Sharda Rajan (Deceased)
1(a). Shammi Rajan ...Defendant.
Appearance:
Adv. Kavita Mungse for the Plaintiffs.
Adv. Janavi Khant i/b Harish Joshi and Co. for Defendant No.1(a).
CORAM : SMT. A.K.MANDAVGADE
AD-HOC JUDGE, (C.R.NO.62)
DATE : 28.07.2026
ORAL ORDER
(Dictated in open Court)
The Notice of Motion is filed by defendant No.1(a) for
condonation of delay of 496 days caused in filing written statement and
to take written statement on record.
2. As per contention of defendant No.1(a) original defendant
died on 14/06/2023 and defendant No.1(a) was added vide order
dated 24/01/2024 passed in Chamber Summon No.1796/2023.
Defendant No.1(a) is adopting written statement filed by original
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..2.. Order in N/M no.4723/25 in S.C.Suit 1375/18
defendant. On 26/02/2024 amended plaint was served on defendant
No.1(a). Advocate for defendant No.1(a) filed appearance on
08/09/2023 and thereafter the advocate contacted the defendant
No.1(a) in first week of March 2024. Thereafter documents were
supplied to defendant No.1(a) by his Counsel for taking instructions.
Thereafter after opening of the court after Summer vacation in June
2024 defendant No.1(a) instructed the advocate regarding facts which
were within his knowledge. Due to personal difficulty defendant
No.1(a) could not contact his advocate. In March 2025, the advocate
contacted him. Draft of written statement was supplied to defendant
No.1(a) by his Counsel in July 2025. In such situation, 496 days delay is
caused in filing written statement. If written statement is not taken on
record then it will cause irreparable loss to defendant No.1(a).
3. The plaintiff has filed say submitting that the court may
pass appropriate order.
4. The learned advocate for defendant No.1(a) pointed out
that learned Counsel for the plaintiff has made a statement before
Hon’ble High Court that he will not take objection on the application
filed before this court for condonation of delay caused in filing written
statement. No doubt the written statement is filed after considerable
delay. However roznama shows that settlement talks were going on
between the parties. In such situation for deciding the suit on merit it
will be just to condone the delay caused in filing written statement.
Further yet there is no progress in the suit due to settlement talks.
Hence, I pass following order :-
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..3.. Order in N/M no.4723/25 in S.C.Suit 1375/18
ORDER
1. Notice of Motion No.4723 of 2025 is allowed.
2. Delay caused in filing written statement by defendant
No.1(a) is condoned and written statement is taken on
record.
3. No order as to cost.
4. Accordingly, Notice of Motion is disposed of.
(Smt. A.K.Mandavgade)
Ad-hoc Judge
City Civil Court,
Date : 28.07.2026 Gr. Mumbai.
Pronounced on : 28.07.2026
Directly dictated on computer : 28.07.2026
Typed on : 28.07.2026
Checked & Signed on : 28.07.2026
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..4.. Order in N/M no.4723/25 in S.C.Suit 1375/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
Mrs. Manisha S. Putta	28.07.2026 6.00 PM
Name of the Judge (With C.R. No.) HHJ Smt. A.K.Mandavgade
(C.R.No. 62)
Date of Pronouncement of JUDGEMENT
/ORDER
28.07.2026
JUDGEMENT /ORDER signed by P.O. on 28.07.2026
JUDGEMENT /ORDER uploaded on 28.07.2026
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