Interim Order 2

Order Details: Notice of Motion
Pdf Text: N/m No. 1181/22 in Comm. Suit No. 706/21. 1 Order.
MHCC010034402022
Presented on : 29-03-2022
Registered on : 29-03-2022
Decided on : 07-04-2022
Duration : 0 years, 0 months, 9 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1181 OF 2022
IN
COMMERCIAL SUIT NO. 706 OF 2021
(ORIGINAL SUMMARY SUIT NO. 767 OF 2018)
Renwat Badriramji Devasi ...Plaintiff
Versus
Gammon India Limited ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 7th APRIL, 2022.
Shri Ramesh Sahu, Advocate for the defendant.
Shri Pankaj Shah, Advocate for the plaintiff.
ORDER
1. The defendant has filed present notice of motion for setting
aside 'without written statement order' dated 16/02/2022 and to allow
him to file written statement. Perused notice of motion. I have gone
through the suit proceeding. Heard learned counsel Ramesh Sahu for
the defendant and learned counsel Pankaj Shah for the plaintiff.
Learned counsel Shri Pankaj Shah submitted that heavy cost may be
imposed while allowing the notice of motion. He did not give say on
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N/m No. 1181/22 in Comm. Suit No. 706/21. 2 Order.
the notice of motion.
2. On perusal of the record, it appears that the S.J.No.
121/2019 was dismissed and leave to defend was granted to the
defendant on 16/11/2021. The defendant was directed to file written
statement on or before the next date of hearing. Then, the matter was
fixed for hearing on 04/12/2021. Two more dates passed, but the
defendant failed to file written statement. It resulted into passing
'without written statement order' on 16/02/2022. Considering nature
of litigation and rival submissions, present notice of motion is being
entertained. Even if, limitation to file written statement is presumed to
have been commenced from 16/11/2021, the defendant should have
filed written statement within 120 days from that date. Meanwhile,
situation of Covid19 pandemic had become serious in January2022
and restrictions were imposed on mobility of the people and functioning
of the court.
3. Considering this situation, Hon'ble Supreme Court has
extended period of limitation by giving directions in Suo Moto Writ
Petition (C) No. 3/2020 by passing order on 10/01/2022. Period from
15/03/2020 till 28/02/2022 is excluded in computing the periods in
the laws prescribed in limitation for instituting proceedings.
Furthermore, it is clarified that where the limitation would have expired
during the period between 15/03/2020 till 28/02/2022,
notwithstanding the actual balance period of limitation remaining, all
persons shall have a limitation period of 90 days from 01/03/2022. In
the event the actual balance period of limitation remaining, with effect
from 01/03/2022 is greater than 90 days, that longer period shall
apply. Similarly, Hon'ble Supreme Court had made applicable these
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N/m No. 1181/22 in Comm. Suit No. 706/21. 3 Order.
directions to filing of written statement in commercial suits as per
judgment in Prakash Corporates V/s. Dee Vee Projects Limited [Civil
Appeal No(s). 1318 of 2022 (Arising out of SLP(C) Nos. 13751 of
2021 decided on 14/02/2022)]. In view of these directions of Hon'ble
Supreme Court, the defendant is liable to be allowed to file written
statement by setting aside 'without written statement order' dated
16/02/2021. Even then, the defendant has apparently committed error
in complying order of this Court before January2022. Therefore,
reasonable cost is liable to imposed upon him. Hence, I pass the
following order :
ORDER
1. Notice of Motion No. 1181/2022 is made absolute in terms
of prayer clause (a) and (b) subject to cost of Rs.2,000/
(Rupees Two Thousand Only) payable to the plaintiff or his
learned counsel on or before the next date of hearing.
2. 'Without written statement' order passed in roznama dated
16/02/2021 is set aside.
3. The defendant is directed to file written statement on the
next date of hearing subject to payment of cost as above.
4. The proceeding of N/m No. 1181/2022 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 07/04/2022. Mumbai.
1. Dictated online on : 07/04/2022.
2. Signed on : 07/04/2022.
3. Delivered to Certified :
Copy Section on
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N/m No. 1181/22 in Comm. Suit No. 706/21. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/04/2022. 4.37 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 07/04/2022.
Judgment/Order signed by P.O. on 07/04/2022.
Judgment/Order uploaded on 07/04/2022.
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