Full Order Text
Final Order 1 · 25 Aug 2021 · CNR MHCC010086212019
Order Details: Notice of Motion Pdf Text: MHCC010086212019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.3165 OF 2019 IN LONG CAUSE SUIT NO. 1282 OF 2015 Mr. Suresh Yashwant Kotekar ... Plaintiff V/s. M.C.G.M. ...Defendants CORAM : HER HONOUR JUDGE SMT. S.G. SHAIKH CITY CIVIL COURT GR.MUMBAI ( C.R.NO.06) DATE : 25/08/2021 Holding Adv.for Adv. Mr. Saroagi for the plaintiff. Adv. Ms Deepali Patil for the defendants. ORAL ORDER 1. This Notice of Motion is taken out by the Municipal Corporation /defendant to set aside without written statement order and permission to file written statement. 2. The plaintiff has filed reply to the same and strongly opposed the notice of motion. 3. Perused the notice of motion and reply of the plaintiff. Heard advocates for the parties at the length. -- 1 of 3 -- 2 N/M No. 3165/2019 4. It is contended by the defendant that it was unable to file its written statement in time due to heavy work load being a public body. Therefore , delay was caused for filing written statement. 5. Considering the submissions made by the advocates of the plaintiff and the defendant, this Court holds that the defendant was unable to file written statement due to heavy work load. The reason given by the defendant for delay is satisfactory. The delay caused for filing is not deliberate. If the Notice of Motion is not allowed the status of the judgment in the suit will be technically exparte. The suit will be effectively decided on merits if the defendant is granted permission to file its written statement. In these backgrounds, the Notice of Motion deserves to be allowed in the interest of justice. Hence, order. ORDER 1. The Notice of Motion No. 3165/2019 is allowed. 2. The defendant is granted permission to file written statement. 3. The Notice of Motion No.3165/2019 is disposed off. (Smt. S.G.Shaikh) Date 25/08/2021 Judge,City Civil Court, Gr.Mumbai. Dictated on : 25/08/2021 Typed on : 25/08/2021 Signed on : -- 2 of 3 -- 3 N/M No. 3165/2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 27/08/2021 05.40 p.m. ( Mayuresh P. Tathe) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room No.) HHJ Smt. S. G. Shaikh (C.R.No.06) Date of Pronouncement of JUDGMENT/ORDER 25/08/2021 JUDGMENT/ORDER signed by P.O.on 25/08/2021 JUDGMENT/ORDER uploaded on 27/08/2021 -- 3 of 3 --