Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2198 OF 2018
IN
SUIT NO.361 OF 2018
M/s. Alumilite Architecturals Pvt.Ltd. ...Plaintiff.
V/s.
M/s. Nirmal Lifestyle Limited ...Defendant.
Appearances:
Ld. Adv.Mr.Kishor Siyanj for plaintiff.
Ld. Adv.Mr.Ekta Tripathi for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 21st June,2018
ORDER
By way of this notice of motion plaintiff prayed for condonation
of delay in filing written statement and permitting them to file written
statement on record to condone the delay in filing written statement.
2. In supporting affidavit Mr.Rohit Chavan, authorized signatory, on
behalf of defendant submitted that, plaintiff has filed this suit against
them for recovery of Rs.87,73,633/ along with interest. They received
writ of summons on 17.02.2018 and thereafter, contacted their
Advocate. Meanwhile, their inhouse Advocate has left the service and
therefore, they have to engage another Advocate to handover the
matter. In this communication there was delay in filing written
statement and therefore, delay occurred in filing written statement be
condoned and they be permitted to file written statement on record.
MHCC01-007097-2018
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3. Defendant submitted that, if their written statement is not taken
on record, they will deprive from contesting the matter on merits and
will sustain prejudice to defend the suit on merits. They have goods
case on merits. Therefore, in the interest of justice, they prayed that,
delay in filing written statement be condoned and defendant be
permitted to file their written statement on record.
4. After service of the notice of motion learned counsel for plaintiff
has appeared and submitted that, subject to heavy costs they have no
objection to allow the notice of motion and permit defendant to file
written statement on record after condonation of delay.
5. Heard learned Advocate for defendant and learned Advocate for
plaintiff. Perused the record and submissions of both the sides.
6. It is admitted fact that writ of summons came to be served on
17.02.2018. Therefore, within 30 days after service of writ of summons
i.e before 17.03.2018 written summons would have been filed. Even if
we considered the plausible explanation given by defendant, then under
order 8 R.1 of C.P.C. the period of days 90 days comes to an end on
17.05.2018. The present notice of motion came to be lodged on
14.06.2018, after delay of one months. In such circumstances, delay of
one month needs to be condoned. For which plaintiff can be
compensated by imposing costs of Rs.3,000/ on defendant and permit
defendant to file written statement on record by condoning the delay.
7. In such circumstances, to give fair chance to defendant if notice
of motion is allowed subject to payment of costs of Rs.3,000/ payable
to plaintiff, defendant can put their defence on record, whatever
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available to them. Non compliance of the order will forfeit right of
defendant to file their written statement on record forever. With these
observations I proceed to pass the following order :
O R D E R
1. Notice of Motion No.2198 of 2018 in Suit No.361 of 2018
is made absolute subject to payment of costs of Rs.3,000/
to plaintiff within four weeks from the date of order.
2. After compliance of order written statement of defendant
be taken on record by condoning delay.
3. Noncompliance of order, right to file written statement on
record will be forfeited.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.:21/06/2018 City Civil Court, Gr. MUMBAI
Dictated on : 21.06.2018
Transcribed on : 22.06.2018
Signed on : 22.06.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.06.2018 at 12.00 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 21.06.2018
Judgment/order signed by P.O. on 22.06.2018
Judgment/order uploaded on 22.06.2018
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