Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 153/22 in Comm. Suit No. 180/19. 1 Order.
MHCC010003362022
Presented on : 12-01-2022
Registered on : 12-01-2022
Decided on : 15-03-2022
Duration : 0 years, 2 months, 3 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 153 OF 2022
IN
COMMERCIAL SUIT NO. 180 OF 2019
Life Insurance Corporation of India Ltd. ...Applicant
(Defendant No.2)
IN THE MATTER BETWEEN
Bank of Baroda ...Plaintiff
Versus
Mr. Ramsevak Upadhyay and one ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 15th MARCH, 2022.
Shri Gaurav Jain, Advocate for the defendant no.2.
Shri K.D.Shukla, Advocate for the plaintiff.
ORDER
1. Defendant no.2 has filed present notice of motion for
condonation of delay of 60 days in filing written statement and to allow
him to file written statement. Perused notice of motion and affidavit in
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N/m No. 153/22 in Comm. Suit No. 180/19. 2 Order.
reply. I have gone through the suit proceeding. Heard learned counsel
Shri Gaurav Jain for defendant no.2 and learned counsel Shri
K.D.Shukla for the plaintiff.
2. On perusal of the record, it appears that defendant no.2 is
served with writ of summons on 12/10/2021 as per acknowledgement
annexed with affidavit of service (Exh.5). Adv. Vrinda Tanna for
defendant no.2 appeared in the matter and filed vakalatnama (Exh.4)
on 20/10/2021. It means that written statement should have been filed
by defendant no.2 within 120 days from 12/10/2021. Present notice of
motion is taken out on 11/01/2022 and written statement is also
annexed thereto. As outer limit of 120 days is not crossed, written
statement can be taken on record and exhibited without prejudice to
the plaintiff.
3. Similarly, Hon'ble Supreme Court has extended period of
limitation for filing various proceedings 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. Hon'ble Supreme Court made applicable these directions even to
filing of written statement as per decision in Prakash Corporates V/s.
Dee Vee Projects Ltd. (Civil Appeal No(s). 1318/2020 arising out of
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N/m No. 153/22 in Comm. Suit No. 180/19. 3 Order.
SLP(C) Nos. 13751 of 2021 decided on 14/02/2022.). In view of
these directions of Hon'ble Supreme Court and factual aspects of
present case, defendant no.2 is liable to be allowed to file written
statement. Defendant no.2 had filed written statement with present
notice of motion and it is liable to be considered by marking exhibit
number. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 153/2022 is made absolute in terms
of prayer clause (a) and (b).
2. Written statement filed by defendant no.2 is marked as
Exh.6.
3. The proceeding of N/m No. 153/22 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 15/03/2022. Mumbai.
1. Dictated online on : 15/03/2022.
2. Corrected on : 16/03/2022.
3. Signed on : 16/03/2022.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 153/22 in Comm. Suit No. 180/19. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/03/2022. 3.45 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 15/03/2022.
Judgment/Order signed by P.O. on 16/03/2022.
Judgment/Order uploaded on 16/03/2022.
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