Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.2793 OF 2019
IN
S.C. SUIT NO.2495 OF 2018
CNR NO.MHCCO10076752019
Mr.Narendra Maganlal Virola ..Plaintiff
V/s
Tulsiwadi Navniman (SRA)Cooperative
Housing Society and ors ..Defendants
Ld. advocate Ghatte for the plaintiff
Adv. Singh h/f adv. Mishra for defendant nos.1 and 2
Adv. Mukesh Gupta for defendant nos.3 and 4
CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI
DATE: 26/07/2019
ORAL ORDER
1. This notice of motion is tendered by defendant nos.3
and 4 for condonation of delay in filing the written
statement.
2. Heard. Ld. Counsel for the defendants submitted
that defendants met the advocate after service of the
writ of summons and submitted necessary documents
with the advocate. The advocate appointed by the
defendants was unable to file written statement due
to ill health of his wife. Thereafter they appointed
new advocate Mr.Mukesh Gupta. But as the new
born baby of defendant no.3 is constantly sick they
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were not able to meet newly appointed advocate.
Thereafter on 04/03/2019 they met with adv.
Mr.Mukesh Gupta and gave him all the instructions
and documents and therefore there is delay of 142
days in filing the written statement.
3. The notice of motion is opposed on the ground that
no satisfactory reason has been given.
4. The delay is of 142 days. The provision under order
8 of the Civil Procedure Code is directory. The
defendants are ready to contest the matter. The
reason given are justifiable. There should not be
hyper technical and pedantic approach in considering
this type of application. In view of the above
discussion, the notice of motion needs consideration.
Hence, it is expedient to pass following order:
ORDER
1. Notice of Motion No.2793/2019 is made
absolute in terms prayer clause (a) subject to cost of
Rs.2,000/ to be paid to the plaintiff within a period
of 14 days from today.
2. Payment of cost is subject precedent.
3. Notice of motion is disposed of accordingly.
26/07/2019 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 26/07/2019
Transcribed on : 31/07/2019
Signed on : 03/08/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
03/08/19 at 4.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
26/07/2019
Judgment and order signed by P.O. 03/08/2019
Judgment/order uploaded on 03/08/2019
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