Final Order 2

Order Details: Notice of Motion
Pdf Text: 1 NM 328319 IN SUIT 276018
MHCC010089322019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 3283 OF 2019
IN
SUIT NO.2760 OF 2018
Shivaji Bapu Katkar ] ...Plaintiff.
Versus
MHADA & Others ]…Defendants.
Appearance:
Ld. Advocate Mangal Kadam for Defendants/MHADA.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 31/1/2023
ORAL ORDER
1) Defendants have taken out present notice of motion for condonation of
delay in filing their written statement and for taking their written statement
on record.
2) Perused the notice of motion, affidavit in support of notice of motion
and record. Heard arguments advanced by Ld. Advocate for defendants. As
the plaintiff and his advocate were absent they could not be heard.
3) In the affidavit in support of notice of motion the Estate Manager of the
defendant has stated on solemn affirmation that plaint was served to the legal
department of defendants on 27/12/18 and the legal department forwarded
same to the concern office for contacting panel advocate and to give
necessary instructions. The Estate Manager of the defendants has stated on
solemn affirmation that in the meantime the concern Estate Manager was
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retired and could not give instructions in the matter and thereafter he was
appointed and he got prepared written statement and due to same there is
some delay in filing the written statement. From the record it appears that
defendant No.1 and 2 have taken present notice of motion on 23/1/19. As
such delay is not inordinate. Plaintiff has not challenged cause for delay
stated by the officer of the defendants on solemn affirmation. Therefore, there
appear no material on record so as to disbelieve the cause stated by the Estate
Manager of the defendants for delay in filing the written statement.
Therefore, from the matter on record court find that defendants have
demonstrated just and exceptional cause for condonation of delay in filing
their written statement and for taking their written statement on record.
Moreover, considering the nature of the suit in order to give a fair opportunity
to the defendants to defend the suit it will be appropriate to condone the
delay and to take on record the written statement of defendants.
4) Considering the matter on record and above discussion, present notice
of motion deserves to be made absolute. Hence, court proceeds to pass the
following order :
ORDER
1) Notice of Motion No. 3283 of 2019 is made absolute.
2) Written statement of defendants be taken on record.
3) Notice of Motion No. 3283 of 2019 is disposed off accordingly.
Date : 31/1/2023. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :31/1/2023.
Typed on : 31/1/2023.
Draft received on:2/2/2023.
Checked on :2/2/2023.
Corrected & signed on :2/2/2023.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
2/2/2023 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
31/1/2023
JUDGMENT/ORDER signed by P.O.
on
2/2/2023
JUDGMENT/ORDER uploaded on 2/2/2023
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