Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION NO. OF
IN
L.C.SUIT NO.2104 OF 2019
1. Shri. Vishwas Gopichand Chipte & Ors. .... Plaintiff.
V/s.
1. Mumbai Corporation of Gr. Mumbai & Ors. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 19/04/2024
Adv. Sinead Remedios h/f.Adv.D.A.Thorat for the plaintiff.
Adv. Mr. Hardik Desai for the defendant Nos.2 to 5.
Adv. Ms. Deepali Patil for the defendants/BMC.
ORAL ORDER
This Notice of motion is taken out by the defendant
Nos.2 to 5 for seeking permission to file written statement on
record by condonation of delay. Plaintiff objected present
Notice of motion.
2. Read notice of motion and reply filed by the
plaintiff. Heard both the sides.
3. This is a suit for declaration and injunction. It is the
contention of the defendant nos.2 to 5 that there is delay of 9
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days in filing of the written statement as defendant Nos.2 to 5
had been unable to trace out all documents on time. As per
record, writ of summons is served upon defendant Nos.2 to 5
on 09.01.2024. If defendant Nos. 2 to 5 are permitted to file
written statement, subject matter of the suit will be decided on
merit. It also helps to resolve the real controversy between the
parties. Grounds mentioned by defendant Nos. 2 to 5 found to
be just and equitable in the eye of law. Hence, in the interest
of justice, I proceed to pass following order.
ORDER
1. Draft Notice of motion is made absolute in terms of
prayer clause (a) and (b).
2. Both the parties to take note of this order.
3. Cost in cause.
4. Draft Notice of motion is disposed off.
5. Draft Notice of motion be registered for statistical
purpose.
Date-19/04/2024 (R. B. Parvekar)
Ad-hoc Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 1 9 / 0 4 / 2 0 2 4
Ty p e d o n : 1 9 / 0 4 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/04/2024 01.30 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
19/04/2024
JUDGMENT/ORDER signed by
P.O.on
20/04/2024
JUDGMENT/ORDER uploaded on 20/04/2024
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