Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1918/21 in Comm. Suit No. 262/19. 1 Order.
MHCC010062922021
Presented on : 01-09-2021
Registered on : 01-09-2021
Decided on : 14-03-2022
Duration : 0 years, 6 months, 13 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1918 OF 2021
IN
COMMERCIAL SUIT NO. 262 OF 2019
M/s. Alchemie Financial Services Ltd. ...Plaintiff
Versus
Manilal Channabhai Rambhiya ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 14th MARCH, 2022.
Shri Hardik Desai, Advocate for defendant.
Ms. Bhakti Sutar, Advocate for the plaintiff.
ORDER
1. The defendant has filed present notice of motion for setting
aside without written statement order dated 23/02/2021 and to
condone delay in filing written statement and to allow to file written
statement. Perused notice of motion and say given at the backside of it.
I have gone through the suit proceeding. Heard learned counsel Shri
Hardik Desai for defendant and learned counsel Ms. Bhakti Sutar for
the plaintiff.
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N/m No. 1918/21 in Comm. Suit No. 262/19. 2 Order.
2. On perusal of the record, it appears that the defendant
appeared in the matter on 06/03/2020 and he failed to engage lawyer
and file a written statement till 23/02/2021. Meanwhile, the plaintiff
filed affidavit of service (Exh.6) with original writ of summons and
acknowledgement on 06/03/2020. Hence, without W.S. order came to
be passed against the defendant on 06/03/2020. It is pertinent to note
that affidavit in support contains date of service of writ of summons as
04/02/2020. Considering all these aspects, the defendant is duly
served with writ of summons on 04/02/2020. It means that the
defendant should have filed written statement within 120 days from
that date. Hon'ble Supreme Court has extended period of limitation by
giving directions in Suo Moto Writ Petition (C) No. 3/2020 by passing
order on 10/01/2022. Period from 15/03/2020 till 28/02/2022 is
excluded in computing the periods in the laws prescribed in limitation
for instituting proceedings. Furthermore, it is clarified that where the
limitation would have expired during the period between 15/03/2020
till 28/02/2022, notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90 days from
01/03/2022. In the event the actual balance period of limitation
remaining, with effect from 01/03/2022 is greater than 90 days, that
longer period shall apply. In view of these directions of Hon'ble
Supreme Court, without written statement order dated 23/02/2021 is
liable to be set aside and the defendant is liable to be allowed to file
written statement. The defendant had filed written statement with
present notice of motion and it is liable to be considered by marking
exhibit number. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 1918/2021 is made absolute in terms
of prayer clause (a) and (b).
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N/m No. 1918/21 in Comm. Suit No. 262/19. 3 Order.
2. Written statement filed by the defendant is marked as
Exh.8.
3. The proceeding of N/m No. 1918/21 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 14/03/2022. Mumbai.
1. Dictated online on : 14/03/2022.
2. Signed on : 14/03/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
14/03/2022. 4.52 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/03/2022.
Judgment/Order signed by P.O. on 14/03/2022.
Judgment/Order uploaded on 14/03/2022.
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