Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2618/19(Suit-2586/13)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2618/2019
(CNR NO.MHCC010072072019)
IN
S. C. SUIT NO. 2586/2013
Irfan Mohammad Javed Shaikh ..Plaintiff
V/s.
1. Uday Shankar Mishra
2. Visvas Krishna Desai
3. M/s. Parasmani Constructions Company. .. Defendants.
Appearances :
Adv. Mr. M. S. Singh for plaintiff.
Adv. Pankaj Dahibawkar for defendant nos.1 and 2.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No. : 03.
Date : 04.1.2022.
ORDER
1. Defendant nos.1 and 2 filed instant notice of motion for
condonation of delay of 1560 days in filing W.S. on behalf of defendant
no.1 and 1564 days in filing W.S of defendant no.2 on record.
2. It is contented by the defendants that, the plaintiff filed
instant suit seeking injunction restraining the defendants from entering
into suit premises. Defendant no.1 was served with suit summons on
4.7.2013 and defendant no.2 received suit summons on 29.6.2013. It is
contended that, they have appeared in the matter and also contested
Notice of Motion No.2260/2013 taken up by the plaintiff. The aforesaid
notice of motion came to be rejected on 28.7.2015. Pending the
aforesaid Notice of Motion No.2260/13, the plaintiff also took out
Chamber Summons No.2373/2015 for amendment, which was also
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contested by them by filing reply and the aforesaid chamber summons
came to be dismissed vide order dated 1.9.2017.
3. It is contended by the defendants that, in the meantime,
they have changed their advocate who informed them that W.S on their
behalf remained to be filed on record. It is contended by the
defendants that, they have no intention to protract the matter.
Inadvertently due to change of the advocate the track of the matter was
lost.
4. It is further contended that, as per order dated 22.6.2018
passed by C.R.No.02, present suit is tagged along with Suit No.
839/2016 and while taking inspection of the aforesaid suit No. 839/16,
it came to their knowledge that, inadvertently their W.S. is not filed on
record. Thus, it is contended by the defendants that, in the event, the
delay as aforesaid is not condoned they will suffer irreparable loss. On
the contrary, no prejudice will be caused to the plaintiff, if delay is
condoned.
5. The Motion is opposed by the plaintiff by filing say on the
ground that, no sufficient cause has been shown to condone the delay.
6. Heard both sides. Perused Motion, reply as well as entire
record. It is not in dispute that, the defendants since beginning
contested miscellaneous applications. Even there is no order to proceed
exparte against defendants is being passed. The reasons assigned is
inadvertence mistake on the part of the advocate. The fact that the
defendants contested the interim applications itself shows that they
have no intention to prolong the matter. Moreover, looking to the
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nature of the suit, it is desirable that the delay should be condoned and
W.S of the defendants needs to be brought on record. The
inconvenience caused to the plaintiff can be compensated by awarding
reasonable costs of Rs.2,500/ each to be payable by the defendants to
the plaintiff. Thus, I proceed to pass following order :
ORDER
1. Notice of Motion No.2618 of 2019 is hereby allowed in terms of
prayer clause(a), subject to payment of costs of Rs.2,500/ each
by defendants to the plaintiff.
2. Upon payment of costs, the defendants are allowed to file their
Written Statement within a period of 30 days from the date of
the order.
3. Notice of Motion is disposed of accordingly.
(A.H.Laddhad)
Judge,
Dated : 4.1.2022 City Civil and Sessions Court,
Dictated on : 4.1.2022 Greater Bombay (CR 03)
Typed on : 4.1.2022
Draft given to HHJ on : 4.1.2022
Signed on : 6.1.2022
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4 NM 2618/19(Suit-2586/13)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 6.1.2022 at 3.15 pm . (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 4.1.2022
JUDGMENT/ORDER signed by P.O. on 6.1.2022
JUDGMENT/ORDER uploaded on 6.1.2022
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