Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3272-19 in Suit No. 1841-17
CNR NO.MHCC0100890419
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3272 OF 2019
IN
L.C. SUIT NO. 1841 OF 2017
Fatema Hakimuddin Rassiwalla ......Plaintiff
Versus
Municipal Corporation of Gr. Mumbai and 3 Ors. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 05th October, 2019.
Appearance:
Ld. Adv. Mr. D.A. Thorat for plaintiff.
Ld. Adv. Mrs. Meena Dhuri a/w Ld. Adv. Mr. Puranik for defendant /
MCGM present.
ORDER
1. The defendant Nos. 3 and 4 by this notice of motion seeks to file
Written Statement. It is the case of the defendant Nos. 3 and 4 that
there is delay of 30 days in filing Written Statement.
2. Heard Learned Advocate for defendant Nos. 3 and 4, Learned
Advocate for plaintiff and Learned Advocate for defendant corporation.
3. It is the contention of the defendants that the earlier notice of
motions were being heard and the defendants therefore could not file
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2 NM 3272-19 in Suit No. 1841-17
written statement. It is also contended that the plaintiff had not
amended the plaint in time and therefore the defendant Nos. 3 and 4
could not file Written Statement.
4. The Notice of Motion is objected by the plaintiff on the ground
that the delay is not explained.
5. The interest of the plaintiff can be secured by awarding cost to
the plaintiff. For the reasons in the notice of motion the defendant Nos.
3 and 4 are permitted to file written statement.
In the result, following order is passed.
ORDER
1. The Notice of Motion No. 3272/2019 is allowed.
2. The defendant Nos. 3 and 4 are permitted to file the written
statement.
3. The notice of motion stands disposed off accordingly.
(Sanjay N. Yadav)
Judge,
Date : 05.10.2019 City Civil Court, Mumbai.
Dictated & directly typed on dies computer on : 05.10.2019
Checked by HHJ on : 05.10.2019
Signed by HHJ on : 05.10.2019
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3 NM 3272-19 in Suit No. 1841-17
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.10.2019 at 5.40 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
05.10.2019
JUDGMENT/ORDER signed by
P.O. on
05.10.2019
JUDGMENT/ORDER uploaded
on
07.10.2019
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