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.2590 OF 2019.
IN
L.C. SUIT NO. 1689 OF 2012
(CNR NO. MHCCO10071242019)
Mr.Prabhakar S/o. Bhau Ghagare, )...Plaintiff
Versus )
The Municipal Corporation of Greater )
Mumbai )...Defendants.
Appearance:
Adv.Neha Pande for plaintiff.
Advocate Mr.Kumavat for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 09th SEPTEMBER, 2019.
(C.R.No.06)
O R D E R
This notice of motion is taken out by the defendants for setting
aside no reply, no w.s. order and permitted to it to file the reply and
written statement. The present notice of motion resisted on behalf of
the plaintiff by filing his reply on the same notice of motion. Read the
present notice of motion and reply of the plaintiff thereon. Heard both
the learned counsels on behalf of both the sides at length. Perused the
record.
2. On scrutiny of the record, it appears that admittedly the present
suit came to be filed by the plaintiff in the year 2012. Admittedly, yet
the arguments is not heard on the notice of motion. In the affidavit of
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the officer of the defendants, it appears that the defendant has stated
that these defendants being statutory and public body and a vast
organization and due to heavy workload, these defendants could not
file their written statement as well as reply in time. Considering the
reasons mentioned in the affidavit of the employee of the defendants, it
appears that if the present notice of motion is to be allowed, it will not
cause any injustice on the part of the plaintiff. Hence, I have proceed
to pass following order.
ORDER
1. Order of no reply and no w.s. order is hereby set aside.
3. Notice of Motion No. 2590/19 is disposed off accordingly.
Date : 09.09.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 09.09.2019
Transcribed on:09.09.2019
Signed by HHJ: 11.09.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/09/2019 5.00 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
09/09/2019
Judgment/order signed by P.O on 11/09/2019
Judgment/order uploaded on 11/09/2019
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