Order 1

Order Details: Notice of Motion
Pdf Text: NM 2161-18
in S.C.Suit No. 1094-16
1 Date : 09.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2161 OF 2018
IN
S.C. SUIT NO. 1094 OF 2016
(CNR NO.MHCC01006994 2018 )
Surendra Chunilal Gupta ..Plaintiff.
Versus
Virendra Chunilal Gupta & Ors. .. Defendants.
Appearances :
None Present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 09.08.2019
1. The defendant no. 1 and 2 has filed instant Notice of Motion
for condonation of 640 days delay in filing Written Statement.
2. It is contended by the plaintiff that originally the defendants
had executed Development Agreement and Power of Attorney in
favour of defendant no. 3 in respect of undivided right, title and
interest in the suit property. In the aforesaid Agreement the
plaintiff was also party. However, the defendant no. 3 failed to
perform his part of contract, due to which the Development work
of the said property was impossible.
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NM 2161-18
in S.C.Suit No. 1094-16
2 Date : 09.08.2019
3. It is submitted by the defendants that defendant no. 1
terminated aforesaid Development Agreement by issuing notice
dated 10.10.2016. In the meantime the dispute arose between
defendants intersay and the plaintiff due to which the Written
Statement could not be filed within time.
4. It is submitted by the defendants that, defendant no. 1 due
to his old age and physical incapability, could not give instructions
to the Lawyer. The defendant no. 2 was not residing with the
defendant no. 1. Therefore, the defendant no. 2 also could not
take proper steps to file Written Statement. It is submitted by the
defendants that if, the defendants are not permitted to file Written
Statement, it would prejudice to the rights of the defendants to
defend the suit. Hence, they prayed for condonation of delay and
to permit them to file Written Statement on record.
5. Per Contra plaintiff opposed the Notice of Motion orally on
the ground that defendants failed to give cogent and sufficient
reasons to condone the delay. In the event, Court is of the view to
condone the delay, the delay should be condoned by imposing
heavy cost.
6. Heard both the sides, perused Notice of Motion, it appears
from the record that defendant no. 1 is the senior citizen and
certain dispute was arose between the family. Due to which, the
defendants could not filed their Written Statement within time. In
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NM 2161-18
in S.C.Suit No. 1094-16
3 Date : 09.08.2019
my view, the defendants assigned sufficient reasons to condone
the delay. Moreover, if the delay is not condoned, great prejudice
would be caused to the rights of the defendants to defend the suit.
The inconvenience caused to the plaintiff can be compensated by
imposing cost of Rs. 2,000/ to be payable to the plaintiff. Thus, I
proceed to pass the following order.
ORDER
1. Notice of Motion No.2161 of 2018 is hereby made absolute
in terms of prayer clause “a and b” on the condition of
payment of cost of Rs. 2,000/ to be payable to the plaintiff.
After payment of the aforesaid cost the defendants are
allowed to file their Written Statement on record.
2. Notice of Motion No. 2161 of 2018 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 09.08.2019 Greater Mumbai
Dictated on : 09.08.2019
Typed on : 09.08.2019
Draft Submitted on : 09.08.2019
Checked on : 13.08.2019
Signed on : 13.08.2019
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NM 2161-18
in S.C.Suit No. 1094-16
4 Date : 09.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
13/08/2019 at 5.45.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
09/08/2019
JUDGMENT/ORDER signed by P.O.
on
13/08/2019
JUDGMENT/ORDER uploaded on 13/08/2019
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