Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO.3184/2019
MHCC010086732019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 3184 OF 2019
IN
SUIT NO. 999 OF 2017
Vilas Vishwanath Godbole ...Plaintiff
Vs.
1. M/s. Rebuilt & Ors. … Defendants
Appearance
Learned Advocate Mr. Ajit Hodge h/f Adv. Mr. Karande for the plaintiff.
Learned Advocate Gargi Warunjikar i/b Nitesh Bhutekar for defendant
No.1(b)
CORAM : HHJ V. M. Pathade
(C.R.NO.62)
Date : 20th September, 2023
O R D E R
Defendant No.1-b has taken out this notice of motion for
seeking condonation of delay to file his written statement in the matter.
It is stated in the affidavit in support that he is one of the partners of
defendant No.1 and there are several litigation pending against the
present defendant No.1 and/or between the defendant No.1(a) and
1(b) and legal heirs of late Sameer Godbole. He was never involved in
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the day-to-day affairs of defendant No.1. The defendant No.1(a) and
late Sameer Godbole, were the managing partners of defendant No.1.
Due to lack of knowledge defendant No.1(b) could not furnish
necessary instructions to his advocate to prepare written statement and
hence, there is delay of 549 days in filing the written statement.
2. The plaintiff opposed the notice of motion contending that
the defendant No.1(b) has not made out any sufficient cause for not
filing written statement within the stipulated period. Ultimately, the
N/M is sought to be dismissed.
3. Heard the learned Counsels for the contesting parties.
From the perusal of the plaint averments, it would appear that the
plaintiff is seeking specific performance of contract and injunction
against the defendants in respect of the immovable property which is
the subject matter of the suit. The other defendants have filed their
written statements. It may also be noticed that defendant No.1(b) has
placed on record his written statement. The issues are yet to be framed
in the matter. The present notice of motion is pending for more than
four years. Considering the overall view of the matter, I deem it just
and appropriate to condone the delay as sought for subject to payment
of costs in the sum of Rs.3000/- payable to the plaintiff, so that matter
could be disposed of on merits effectually and completely. Hence, I
proceed to pass the following order :
ORDER
1. Notice of Motion No. 3184 of 2019 is made absolute
subject to payment of costs of Rs.3000/- (rupees three
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thousand only) payable to the plaintiff on or before next date.
2. On making payment of such costs the written
statement produced by the defendant No.1(b) shall be
exhibited.
3. Defendant No.1(b) shall provide copy of his written
statement to the plaintiff on or before next date.
4. The Notice of Motion No. 3184 of 2019 stands
accordingly disposed of.
Date : 20.09.2023 (V. M. Pathade)
Dictated on : 20/09/2023 Judge, C.R.No.62,
transcribed on : 20/09/2023 City Civil Court,
Signed on : 21/09/2023 Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.09.2023 at 4.50 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. V.M. PATHADE
(C.R.No.62)
Date of pronouncement of Order 20/09/2023
Order signed by P.O. on 21/09/2023
Order uploaded on 21/09/2023
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