Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 NM No.2375/2018 in Suit 2753/17
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.2375/2018
CNR No. : MHCC010076612018
IN
SHORT CAUSE SUIT NO. 2753/2017
Chetankumar Khimji Momaya ...Plaintiff
V/s.
Dinesh Jaichand Shah (Lodya) & Ors. ...Defendants
Adv. Vivek Sharma for plaintiff.
Adv. Ms. Yadav for defendant no.1.
Adv. Ms. Tendulkar for defendant no.8.
CORAM : HHJ Shri. G. R. Agrawal
C.R. No.3
DATED : 24.04.2019
ORDER
(Dictated in open Court)
By this notice of motion, the defendant no.1 is praying to
condone the delay of 65 days in filing written statement and
permission to file written statement on record. The plaintiff has filed
reply to the notice of motion.
2. Heard Ld. Counsel for the parties and perused record.
3. It is stated in the affidavit filed in support of the notice of motion
that Advocate of defendant no.1 was in need of certain documents for
filing written statement and therefore he was unable to prepare the
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same. After collecting all documents, the written statement was
prepared. Defendant no.1 was also occupied in his son's wedding in
Gujarat and during the vacation, the Advocate on record was not
available.
4. In the reply filed by plaintiff, it is alleged that defendant no.1 has
given untenable reasons for condoning the delay. However, the
statements made in the affidavit of defendant no.1 are not disputed in
the reply. There is no reason to disbelieve the explanation give by
defendant no.1 for condoning the delay of 65 days. Hence, delay is
liable to be condoned. However, defendant no.1 is liable to compensate
the plaintiff by paying costs. Hence, I pass following order –
ORDER
1. Notice of motion no. 2375 of 2018 is made absolute in
terms of prayer clause (a) subject to payment of cost of
Rs. 2000/ to plaintiff within two weeks from today, failing
which, the notice of motion shall be dismissed.
2. If cost is paid, the written statement be taken on record.
(G.R. Agrawal)
Judge
City Civil Court,
Gr. Bombay.
Date : 24.4.2019
Dictated on : 24.4.2019
Typed on : 6.5.2019
Signed on : 6.5.2019
CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
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3/2 NM No.2375/2018 in Suit 2753/17
30.4.2019 at 3.30 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
30.4.2019
JUDGMENT/ORDER signed by
P.O. on
6.5.2019
JUDGMENT/ORDER uploaded
on
6.5.2019
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