Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 177/22 in Comm. Suit No. 235/19. 1 Order.
MHCC010004322022
Presented on : 13-01-2022
Registered on : 13-01-2022
Decided on : 21-04-2022
Duration : 0 years, 3 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 177 OF 2022
IN
COMMERCIAL SUIT NO. 235 OF 2019
Life Insurance Corporation of India ...Applicant
In the matter between
Iqbal Dalla ...Plaintiff
Versus
Life Insurance Corporation of India and one ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 21st APRIL, 2022.
Smt. Harsha Asnani, Advocate for the plaintiff.
Shri Kalpesh Nansi, Advocate for defendant no.1.
ORDER
1. This notice of motion is taken out by the plaintiff for
condoning delay of 27 days in filing written statement to counter claim.
Perused notice of motion and affidavit in reply. I have gone through
the suit proceeding. Heard learned counsel Harsha Asnani for the
plaintiff and learned counsel Shri Kalpesh Nansi for defendant no.1.
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N/m No. 177/22 in Comm. Suit No. 235/19. 2 Order.
2. On perusal of record, it appears that defendant no.1 had
filed counter claim (Exh.10) on 15/06/2021. After verification of the
counter claim (Exh.10), defendant no.1 placed on record list of
documents (Exh.12) on 11/11/2021. The plaintiff is expected to file
written statement within thirty days after getting copy of the counter
claim and documents. The plaintiff has filed written statement with this
notice of motion on 06/01/2022. It means that there is delay of 27
days. Though the plaintiff has not filed written statement within thirty
days, but it is placed on record before passing of 120 days limit as
enumerated in Order VIII Rule 1 of the CPC. The delay is properly
explained by the plaintiff by stating that draft of written statement was
forwarded to the legal department for their inputs/approval. There is
nothing to cause prejudice to defendant no.1 if this notice of motion is
allowed. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 177/2022 is made absolute in terms
of prayer clause (a) and (b).
2. Written statement to counter claim of defendant no.1 filed
by the plaintiff on 06/01/2022 is marked as Exh.15.
3. The proceeding of N/m No. 177/22 is closed.
(R.R.BHAGWAT)
Judge, City Civil Court,
(Court Room No.31)
Date : 21/04/2022. Mumbai.
1. Dictated on : 20/04/2022.
2. Transcribed on : 21/04/2022.
3. Signed on : 21/04/2022.
4. Delivered to Certified :
Copy Section on
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N/m No. 177/22 in Comm. Suit No. 235/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/04/2022. 4.21 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 21/04/2022.
Judgment/Order signed by P.O. on 21/04/2022.
Judgment/Order uploaded on 21/04/2022.
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