Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 3164 OF 2019
I N
L.C. SUIT NO. 383 OF 2018
(CNR MHCC010086202019)
Mr. Ubaid Hafizulla Khan )...Plaintiff.
Versus
M.C.G.M. )...Defendants.
Appearance:
Ld.Advocate Mrs.Narvekar for plaintiff.
Ld. Advocate Mr. Kumavat for defendant/BMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 06/12/2019 (C.R.No.06)
O R D E R
This notice of motion is taken out by the defendant Municipal
Corporation for permitting to file their written statement on record.
Read the present notice of motion. Heard learned counsel on behalf of
both the sides. Perused the record.
2. Shri Rohan Vishwasrao Kumavat, employee of the defendant
Municipal Corporation has filed his affidavit in support of this notice of
motion. The learned counsel on behalf of the defendant Municipal
Corporation has submitted that Corporation is a public body and a vast
organization and due to heavy workload defendant failed to file the
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written statement well in time. In the above circumstances, the
defendants are required to take instructions from the different
departments and it was not possible to get the draft of written
statement approved within stipulated time. Due to this reason, delay
causes for filing written statement and it is not intentionally. Therefore,
defendant Municipal Corporation could not file its written statement
within stipulated time. He has further submitted that after receipt of
instruction from concerned department, now written statement of
defendant is ready. On these grounds, the learned counsel on behalf of
defendants submitted that it be allowed to the defendant/Corporation
for filing written statement.
3. The learned advocate on behalf of the plaintiff has objected this
notice of motion stating that when defendant has taken out notice of
motion but there is no prayer for delay to be condoned as already 90
days passed and in affidavit of defendant not stated the reason day to
day basis why the delay to take out notice of motion. Therefore, the
present notice of motion of the defendant Municipal Corporation is
liable to be dismissed.
4. After hearing the arguments of learned advocates on behalf of
both the parties, scrutiny of the pleadings of the present notice of
motion of the defendants, admittedly, Municipal Corporation is a public
body and vast organization and due to heavy load and shortage of staff,
considering the reasons mentioned in the present notice of motion, I
am of the opinion that it requires to allow the notice of motion. If this
notice of motion is to be allowed, then it will not cause any injustice on
the part of the plaintiff, but the present suit would be decided on merit.
Therefore, present notice of motion needs to be allowed. Hence, I have
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proceed to pass following order.
ORDER
1. Defendants notice of motion no. 3164/19 is hereby allowed as
prayed for .
2. Notice of Motion no. 3164/19 is disposed off accordingly.
Date : 06/12/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on: 06/12/2019
Transcribed on:07/12/2019
HHJ signed on:09/12/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/12/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
06/12/2019
Judgment/order signed by P.O on 09/12/2019
Judgment/order uploaded on 09/12/2019
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