Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2689-19 in SC. Suit no. 1908-13
1 Date : 09.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2689 OF 2019
IN
S.C. SUIT NO. 1908 OF 2013
(CNR NO.MHCC01 0073872019)
Smt. Sindhubai Maruti @
Chandrkant Jagtap .. Plaintiff
Versus
Smt. Kalabai B. Jagtap & Ors. .. Defendants
Appearances :
Adv. Mrs. Susmita Lawane for defendant no. 1 to 4 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 09.10.2019
ORDER
1. The defendant no. 4 has filed instant Notice of Motion for
condonation of 131 days delay in filing additional Written
Statement.
2. It is contended by the defendant no. 4 that he is working in
Private Company on daily wages basis. He has received the
amended plaint in the month of January 2019. However, due to
his daily work, he could not gave instructions to his advocate to
prepare the additional Written Statement. The delay is not
intentional, but because of the unavoidable circumstances which
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NM 2689-19 in SC. Suit no. 1908-13
2 Date : 09.10.2019
are beyond his control, the defendant no. 4 prayed for
condonation of delay.
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 reasons stated by
the defendant no. 4. Hence, he prayed for 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 additional Written Statement
of the defendant needs to be brought on record. The defendant no.
4 had already filed Written Statement on record. In my view, in
the interest of justice, the defendant no. 4 should be allowed to file
his additional Written Statement. If he would be deprived from
filing of additional Written Statement, it would certainly prejudice
his 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. 2689 of 2019 is hereby made
absolute in terms of prayer clause “a to c”.
2. The delay of 131 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.
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NM 2689-19 in SC. Suit no. 1908-13
3 Date : 09.10.2019
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. 2689 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 09.10.2019
Dictated on : 09.10.2019
Typed on : 09.10.2019
Draft Submitted on : 09.10.2019
Checked on : 14.10.2019
Signed on : 14.10.2019
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NM 2689-19 in SC. Suit no. 1908-13
4 Date : 09.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/09/2019 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
09/09/2019
JUDGMENT/ORDER signed by P.O.
on
14/09/2019
JUDGMENT/ORDER uploaded on 15/09/2019
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