Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M.No.3237 of 2019
CNR:MHCC010088392019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
NOTICE OF MOTION NO.3237 OF 2019
IN
L.C.SUIT NO.886 OF 2017
Shri Santoshkumar Haridas Kalwar .. Plaintiff
V/s.
The Municipal Corporation of
Greater Mumbai .. Defendant
Appearance:
Adv. Halwasia for plaintiff.
Adv. Pradip Patil for MCGM.
CORAM : HER HONOUR ADDL. SESSIONS
JUDGE
SHRI. R. M. MISHRA
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 20/06/2023.
ORDER
1 This Notice of Motion is taken out by the defendant for
condonation of delay and for permission to file written statement on
record.
2 After considering the submissions of both sides, it reveals
that the Notice of Motion is resisted on behalf of the plaintiff mainly on
the ground that after filing affidavit of evidence of the plaintiff, this
Notice of Motion is taken by the defendant. There is a long delay of
several years in taking out this Notice of Motion. The plaintiff is
required to travel from his native to proceed with this case, therefore,
the act of the defendant cannot be taken casually.
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2 N.M.No.3237 of 2019
2 Having regard to the entire facts and circumstances, there
cannot be any doubt that after service of writ of summons, it was
incumbent on the part of defendant to tender written statement within
stipulated period as provided under order VIII Rule I of the Code of
Civil Procedure but, the defendant failed to comply with the said
provisions. However, it reveals that thereafter, on 21.08.2019 the
defendant has taken out this Notice of Motion for permission to file
their written statement. In fact, the defendant/Corporation is a
Corporate body under the MMC Act 1888 which is the statutory public
body having very heavy work load. Considering the nature of reliefs in
the suit, opportunity needs to be granted to the defendant to decide the
suit on merits. Hence, in the interest of justice, following order is
passed:
ORDER
1. The Notice of Motion No.3237/2019 is allowed subject to
costs of Rs.500/.
2 Delay in filing written statement of Defendants is hereby
condoned and the defendants are permitted to file written statement on
record subject to payment costs of Rs. 500/ to the plaintiff directly or
through his advocate.
3. Notice of Motion is disposed off.
Date:20/06/2023. (R. M. Mishra )
Addl. Sessions Judge, City Civil Court,
Gr.Mumbai.
Dictated on :20/06/2023.
Typed on :20/06/2023.
Signed on :20/06/2023.
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3 N.M.No.3237 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/06/2023 05.56 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Shri. R. M. Mishra
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
20/06/2023.
JUDGMENT/ORDER signed by P.O.on 20/06/2023.
JUDGMENT/ORDER uploaded on 20/06/2023.
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