Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.329019 IN SUIT No.37619
MHCC010089432019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 3290 OF 2019
IN
L C SUIT NO. 376 OF 2019
Mangesh Yashwant Sawant ] ...Plaintiff.
Versus
Prakash Yashwant Sawant & Others ]…Defendants.
Appearance:
Ld. Advocate More for Plaintiff.
Ld. Advocate Prajkta Rane for Defendant No.1.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 18/8/2022
ORAL ORDER
1) Defendant No.1 has taken out present Notice of Motion
for condonation of delay in filing his written statement and for taking
his written statement on record.
2) Perused the notice of motion, affidavit in support of
notice of motion, affidavit in reply of plaintiff and record. Heard
arguments advanced by Ld Advocate for defendant No.1 and Ld
Advocate for plaintiff.
3) Ld Advocate for defendant No.1 argued that plaintiff
received RPAD containing writ of summons only on 8/4/19. The writ
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of summons was not accompanied with the copy of plaint and he
collected the copy of plaint from advocate for plaintiff in May 2019.
The health of plaintiff was deteriorated during the said period.
Moreover, some time was taken for collecting documents through his
advocate. The delay is not intentional and inordinate. Therefore,
defendant No.1 has demonstrated just and exceptional cause for non
filing of his written statement earlier. Therefore, Ld Advocate for
defendant No.1 submitted that notice of motion be made absolute.
4) On the other hand Ld Advocate for plaintiff argued that
defendant No.1 had not explained the delay properly and there is no
just cause for condonation of delay. Hence, notice of motion be
dismissed.
5) From the matter on record it appears that plaintiff has
not disputed the fact that only writ of summons was served to the
defendant No.1 on 8/4/2019 and writ of summons was not
accompanied with the copy of plaint. Plaintiff has also not brought on
record any material so as to disbelieve the cause shown by defendant
No.1 for delay in filing his written statement. The defendant No.1 has
stated on oath that his health was deteriorated and he was advised
complete bed rest and he was suffering from several ailments.
Therefore, there appear just and exceptional cause for non filing of
written statement by defendant No.1 earlier. Moreover, the delay is
also not inordinate.
6) Considering the matter on record court hold that
defendant No.1 has demonstrated just and exceptional cause for
condonation of delay in filing his written statement. Therefore,
present notice of motion deserves to be made absolute. Hence, court
proceeds to pass the following order:
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ORDER
1) Notice of Motion No. 3290 of 2019 is made absolute.
2)Written statement of defendant no.1 be taken on record if tendered
by defendant no.1 on or before next date.
3) Notice of Motion No. 3290 of 2019 is disposed of accordingly.
Date : 18/8/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :18/8/2022.
Typed on :18/8/2022.
Checked on : 18/8/2022.
Corrected & signed on : 20/8/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/8/2022 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
18/8/2022.
JUDGMENT/ORDER signed by P.O.
on
20/8/2022.
JUDGMENT/ORDER uploaded on 30/8/2022.
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