Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO. 3007 OF 2019 in S.C.Suit No.366/2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 3007 OF 2019
IN
S. C. SUIT NO. 366 OF 2019
Shri Prabhakar Krishna Pawar ]..Plaintiffs
V/s
Shri Maruti Krishna Pawar (Deceased) ]..Defendant
Advocate Mr. Avadh Bhoir for the defendant Nos.1 to 4.
Advocate Mr. Mandavkar for the plaintiff.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 18th JUNE, 2020
ORAL ORDER
This notice of motion is taken out by the defendant No.3
praying to set aside the no written statement order passed against him
on 13.11.2018 and allow him to file his written statement on record.
According to him, his written statement was ready, but his advocate
could not tender the same within time. The application is resisted the
plaintiff contending that the suit is against 12 defendants and they were
served by Registered Post. The defendant Nos.1, 2 and 4 were attending
the Court to prosecute the Notice of Motion filed by the plaintiff. The
defendant No.3 has deliberately neglected to file his written statement
within time. Therefore, the plaintiff prays that this application be
rejected.
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2 N/M NO. 3007 OF 2019 in S.C.Suit No.366/2019
2. Heard the learned advocates for the both parties and
perused the record. It appears that time has been left in proceeding
with the Notice of Motion. There was change of advocate by the
defendants and that also caused delay. However, according to me, the
delay shall not defeat justice. Considering the nature of the suit and
parties, I am of the consider view that the delay can be compensated in
terms of costs and the defendant No.3, who is ready with written
statement, shall be allowed to file it on record, so that suit can be
decided on its own merits. Hence, the order:
ORDER
1. Notice of Motion No.3007 of 2019 is allowed subject to cost of
Rs.1,000/- payable by the defendant No.3 to the plaintiff.
2. The delay to file written statement is condoned and the defendant
No.3 is allowed to file his written statement on record after payment of
cost.
3. In the circumstance, no order as to cost.
5 Notice of Motion No.3007 of 2019 stands disposed of.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 18/06/2020. Gr. Bombay.
Dictated on : 18/06/2020
Transcribed on : 18/06/2020
Signed on : 18/06/2020.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
25/06/2020 At 01.30 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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3 N/M NO. 3007 OF 2019 in S.C.Suit No.366/2019
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
18/06/2020
Judgment/Order signed by P.O. on 18/06/2020
Judgment/Order uploaded on 25/06/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/06/2020 At 01.40 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
17/06/2020
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4 N/M NO. 3007 OF 2019 in S.C.Suit No.366/2019
Judgment/Order signed by P.O. on 17/06/2020
Judgment/Order uploaded on 18/06/2020
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