Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010089442019
CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3289 OF 2019
IN
S.C. SUIT NO.302 OF 2013
Systime Global Solutions Pvt Ltd. ] … Plaintiff
V/s
Ms GVK Biosciences Pvt Ltd. ] ... Defendant
Appearances :-
Ms. Nidhi Thakar Ld. Adv. for plaintiff.
Ms. Aagan Shah, Ld. Adv. for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.13)
DATED : 2nd March, 2021
ORAL ORDER
1. Defendant took out this Notice of Motion for condonation
of delay in filing written statement of defendant.
2. Perused Notice of Motion, affidavit in support of Notice of
Motion and reply of plaintiff. Heard Learned Advocate Ms. Nidhi
Thakar Ld. Adv. for plaintiff and Ms. Aagan Shah and Learned Advocate
for defendant.
MHCC010089442019
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3. Following points arise for my determination. I record my
findings thereof for the reasons mentioned below:
Sr.
No
POINTS FINDINGS
1. Whether delay in filing written statement
of defendant can be condoned?
In the affirmative.
2. Whether defendant can be allowed to file
written statement on record ?
In the affirmative.
3 What Order ? Notice of motion is
allowed as per final
order.
REASONS
As to point Nos.1 to 3.
4. In brief, it is contention of defendant that leave to defend
the suit granted to the defendant and he was permitted to file written
statement as per Order dated 24.04.2019 passed in Summons for
Judgment No.457 of 2014. Defendant was supposed to file written
statement on 24.06.2019. On that day due to heavy board the Court
discharged the board and directed to list the matter on 09.08.2019.
Defendant is from Hyderabad, therefore, some time consume in
finalizing the written statement. Delay in filing written statement be
condoned.
5. It is contention of plaintiff that there are no reasons
mentioned for not filing the written statement within stipulated period.
Defendant had sufficient time to file written statement. Hence, Notice
of Motion be disposed of with compensatory costs
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6. Perused Roznama dated 24.04.2019. On that day
Summons for Judgment No.457 of 2014 was decided and defendant
was granted leave to defend the suit and to file written statement
within two months from the date of the order i.e. from 24.04.2019.
Thereafter matter adjourned on 24.06.2019. On 24.06.2019 Advocates
for both parties were present and matter adjourned on 09.08.2019. On
09.08.2019 the Presiding Officer was on training, therefore, matter
adjourned on 18.10.2019. On 21.08.2019 this Notice of Motion was
filed by taking case on board from 18.10.2019.
7. Perused plaint. It appears from the title clause of the plaint
that defendant is from Hyderabad, therefore contention of the
defendant cannot be ruled out that some time consumed in finalizing
the written statement. Therefore, delay can be condoned and
defendant can be permitted to file written statement. Hence, I record
my findings to point No.1 and 2 in the affirmative and point No.3
Notice of Motion is allowed as per final order. Hence, following order:
ORDER
Notice of Motion no. 3289 of 2018 in Suit no. 302 of 2013 is allowed as
under-
1. Delay in filing Written Statement of defendant is hereby condoned.
2. Defendant is allowed to file WS till next date.
3. Costs in cause.
4. Order is dictated and pronounced in open Court.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
Dt.: 02/03/2021 City Civil Court, Gr. MUMBAI
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Dictated on : 02/03/2021
Transcribed on : 04/03/2021
Checked on : 06/03/2021
Signed on : 06/03/2021
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.03.2021 at 05.50 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 02/03/21
Judgment/order signed by P.O. on 06/03/21
Judgment/order uploaded on 06/03/21
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