Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 2558 OF 2019
IN
L.C.SUIT NO.1365 OF 2011
(C.N.R.NO.MHCC010070372019)
Shri Maqsood Mehboob Ali )...Plaintiffs.
Versus
1.Municipal Corporation for Greater Bombay )
and Anr. )...Defendants.
Appearance:
Advocate Abhay D.Parab for plaintiff.
Advocate Mr.Kumawat for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 04th OCTOBER, 2019.
(C.R.No.06)
O R D E R
This notice of motion is taken out by the defendant Municipal
Corporation for permitting to file their written statement by condoning
delay. This notice of motion resisted on behalf of the plaintiff by filing
reply. Read the present notice of motion and reply of the plaintiff
thereon. Heard both the learned counsel on behalf of both the sides at
length. Perused the record.
2. The learned counsel on behalf of the defendants has submitted
that the plaintiff has challenged notice under section 351 of MMC Act
issued by the defendant/Municipal Corporation in respect of the suit
premises. The defendant/Municipal Corporation could not file their
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written statement due to the defendants being Corporation is a public
body and a vast organization and due to heavy workload and shortage
of staff, so many litigation are pending against the Corporation in Court
of law. Sometimes concerned officers are also not available due to
transfer as well as the transfer of concerned Advocates and Asstt. Law
Officers. It is intention of the defendant that they will certainly succeed
in the present suit. Therefore, the delay caused to the defendants for
filing their written statement is not allowed then the
defendant/Corporation will suffer irreparable loss. On these grounds,
the learned counsel on behalf of defendants submitted that by
condoning delay the defendant/Corporation be allowed to file their
written statement.
3. The learned counsel on behalf of the plaintiff has submitted that
the defendants have not mentioned in their notice of motion how many
days caused delay to the defendants for filing the written statement.
Moreover, the defendants have not explained each and every day of the
delay caused to the Municipal Corporation. The reasons mentioned in
the notice of motion is false. Therefore, the defendants are not entitled
to file their written statement by condoning delay. On these grounds,
the learned advocate on behalf of the plaintiff has submitted that the
present notice of motion is deserves to be dismissed.
4. After scrutiny of the pleadings of the present notice of motion of
the defendants and reply of the plaintiff thereon, it appears that it is not
disputed the reasons mentioned by the defendant in the notice of
motion that Corporation is a public body and vast organization and due
to heavy load and shortage of staff and so many litigations are pending
against the Corporation in Court of Law. Considering the reasons
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mentioned in the present notice of motion on behalf of the defendants
and if this notice of motion is to be allowed, then I am of the opinion
that it will not cause any injustice on the part of the plaintiff, but the
present suit would be decided on merit. Therefore, present notice of
motion needs to be allowed. Hence, I have proceed to pass following
order.
ORDER
1. Notice of motion no.2558/19 is hereby allowed as prayed for.
2. It is hereby permitted to the defendants to file their written
statement.
3.Notice of motion no.2558/19 is disposed off accordingly.
Date : 04/10/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 04/10/2019
Transcribed on:05/10/2019
Signed by HHJ :09/10/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
14/10/2019 3.42p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
04/10/2019
Judgment/order signed by P.O on 09/10/2019
Judgment/order uploaded on 14 /10/2019
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