Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2220 OF 2018
IN
SUIT NO.2773 OF 2017
Sogani Nexus Pvt.Ltd. ...Plaintiff
V/s.
Reliable Clothis Pvt.Ltd. ...Defendant
Appearances:
Ld.Adv.Ms.Poonam Sharma for plaintiff
Ld.Adv.Mr.Ashish Ghadat for defendant
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 13th July,,2018
ORDER
By way of this notice of motion plaintiff prayed for condonation
of delay of 54 days in filing written statement on record and permission
to file written statement on record.
2. In supporting affidavit of one Akhila Muni, the authorized
representative of defendant to this notice of motion they submitted that,
plaintiff has filed this suit against them for recovery of money purported
to be 18 bills due and payable by defendant. However, the written
statement came to be served upon them on 28.12.2017 and due to
Christmas Vacation defendant could not approach their counsel. Later
on they appeared before the Court and filed their vakalatnama, but suit
was proceeded without written statement. Therefore, defendant has to
search all the documents about purchase order, delivery challan,
MHCC01-007161-2018
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communication exchanged between parties and to handover it to
defendant's counsel. Their counsel prepared written statement, but it
caused 54 days delay. In such circumstances, defendant prayed that, as
they have good case on merits to contest the suit and if they have not
permitted to file their written statement on record, they will suffer
grave harm, prejudice and if allowed, they will have an opportunity to
put forth their case. Therefore, they prayed that, delay of 54 days in
filing written statement be condoned and notice of motion be made
absolute by permitting them to file their written statement on record.
3. On behalf of plaintiff, Director Mr.Nareshchandra Nihalchand
Sogani has filed their reply to the notice of motion. They strongly
opposed this notice of motion and contended that, only to delay
proceedings defendant has not filed their written statement on record.
There is no such facts explained to condone delay of 54 days and
therefore, notice of motion be dismissed with heavy costs and if Court
fits to allow, it be allowed with compensatory costs of Rs.5,000/ as
contentions raised being false, frivolous and baseless.
4. Heard learned Advocate Ms.Poonam Sharma for plaintiff and
learned Adv.Mr.Ashish Ghadat for defendant.
5. Learned Advocate for defendant submitted that, subject to
payment of costs they be permitted to file written statement on record
by condonation of delay of 54 days, which occurred due to the
circumstances mentioned by defendant. Learned counsel for plaintiff
opposed this submission and contended that, no such delay can be
explained to condone when 30 days from the date of service of writ of
summons was already over, which has not got extended by cogent
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reason from this Court. Hence, prayed that notice of motion be
dismissed.
6. After going through the submissions of both the sides, due
diligence appeared to be shown as the writ of summons came to be filed
served on 28.12.2017 and notice of motion came to be tendered on
22.03.2018. It means that, within the period of 90 days, which is
permissible under O.VIII R.1 of C.P.C. Defendant has tendered this
notice of motion for condonation of delay and filed their written
statement on record. Therefore, question of causing prejudice to
plaintiff does not arise and even defendant agreed to pay costs about
the delay occurred.
7. In such circumstances, it would be proper to direct defendant to
pay costs of Rs.3,000/ as condition precedent payable to plaintiff
within four weeks to file their written statement by condoning delay of
54 days. In view of these facts notice of motion needs to be made
absolute and hence, I proceed to pass the following order :
O R D E R
1. Notice of Motion No.2220 of 2018 in Suit
No.2773 of 2017 is made absolute subject to
payment of costs of Rs.3,000/ to plaintiff within
four weeks from the date of this order.
2. After payment of costs delay of 54 days stands
condoned and written statement filed by
defendant be taken on record.
3. As above compliance is reported to be
undertaken to be complied by defendant on
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Monday (16.07.2018) written statement of
defendant is taken on record.
(ABHIJEET A. NANDGONKAR )
Judge, (C.R.No.20)
Dt.:13/07/2018 City Civil Court, Gr. Mumbai
Dictated on : 13.07.2018
Transcribed on : 16.07.2018
Signed on : 16.07.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.07.2018 at 3.36 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 13.07.2018
Judgment/order signed by P.O. on 16.07.2018
Judgment/order uploaded on 16.07.2018
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