Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2685-19 in SC. Suit no. 1908-13
1 Date : 09.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2685 OF 2019
IN
S.C. SUIT NO. 1908 OF 2013
(CNR NO.MHCC010073762019)
Smt. Sindhubai Maruti @
Chandrkant Jagtap .. Plaintiff
Versus
Smt. Kalabai B. Jagtap & Ors. .. Defendants
Appearances :
Adv. Tripathi for plaintiff present.
Adv. Susmita Lawate for defendant no. 1 and 4 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 09.10.2019
ORDER
1. The defendant no. 1 has filed instant Notice of Motion for
condonation of 140 days delay in filing additional Written
Statement.
2. It is contended by the defendant no. 1 that she has received
the plaint on 23.01.2019. However, due to her old age and health
problem she could not gave instructions to her Advocate for
preparing the additional Written Statement. Hence, there is delay
of 140 days has been caused for filing of Additional Written
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NM 2685-19 in SC. Suit no. 1908-13
2 Date : 09.10.2019
Statement. It is further submitted by the defendant no. 1 that in
the event if, the delay is not condoned, she would be deprived of
her right from defending the amended portion of the plaint.
Hence, defendant no. 1 prayed for allowing Notice of Motion.
3. Per Contra the plaintiff opposed instant Notice of Motion on
the ground that there is huge delay. The delay is not properly
explained by the defendant no. 1. There is no reason stated by the
defendant no. 1. Hence, he prayed for the dismissal of the Notice
of Motion.
4. Heard both the sides. Perused Notice Notion. It appears to
me that the plaint has been amended by the plaintiff and in
pursuance of such amendment, the amended plaint, the additional
Written Statement of the defendant needs to be brought on record.
The defendant no. 1 had already filed Written Statement on
record. In my view, in the interest of justice, the defendant no. 1
should be allowed to file her additional Written Statement. If she
would be deprived from filing additional Written Statement, it
would certainly prejudice her right to defend. The inconvenience
caused to the plaintiff can be compensated by awarding reasonable
cost of Rs. 2,000/. Thus, I proceed to pass the following order.
ORDER
1. The Notice of Motion No. 2685 of 2019 is hereby made
absolute in terms of prayer clause “a to c”.
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NM 2685-19 in SC. Suit no. 1908-13
3 Date : 09.10.2019
2. The delay of 140 days in filling additional Written Statement
is hereby condoned subject to condition of payment of
Rs.2,000/ to the plaintiff by defendant no. 1.
3. The defendant no. 1 be allowed to file her additional Written
Statement within 2 weeks from the date of order.
4. Notice of Motion No. 2685 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 09.10.2019 Gr. Bombay
Dictated on : 09.10.2019
Typed on : 09.10.2019
Draft Submitted on : 09.10.2019
Checked on : 09.10.2019
Signed on : 14.10.2019
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NM 2685-19 in SC. Suit no. 1908-13
4 Date : 09.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/10/2019 at 12.00 noon (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
09/10/2019
JUDGMENT/ORDER signed by P.O.
on
14/10/2019
JUDGMENT/ORDER uploaded on 15/10/2019
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