Full Order Text
Final Order 1 · 25 Jul 2025 · CNR MHCC010090082019
Order Details: Notice of Motion Pdf Text: NM 3312-19 in S.C.SU 1786-16 1 Date : 25.07.2026 MHCC010090082019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 3312 OF 2019 IN S.C. SUIT NO. 1786 of 2016 Nemchand Jevat Furia @ Sha : … Plaintiff Versus Devchand Khimji Gala and Ors. : … Defendants. ---------------------------------------------------------------------------------------------------------------------------------------------- Appearances :- Ld. Adv. Ashok Satpute for plaintiff. Ld. Adv. Gaurav Chagrani i/b. G.P. Associates for defendant no. 1 and 2. ---------------------------------------------------------------------------------------------------------------------------------------------- CORAM : R.R. PATARE JUDGE, (C.R.NO.08) Heard on : 25.07.2025 Decided on : 25.07.2025 ORAL ORDER (Dictated in open court) 1. Perused pleadings and heard advocate for the parties. 2. This Notice of motion is taken out by defendant no. 1 and 2 seeking to condone delay cause for filing written statement. According to plaintiff, delay of 80 days is caused for filing written statement. The plaintiff has filed reply and pointed out that the defendant no. 1 and 2 were served writ of summons on 11.08.2016. From the roznama, it is seen that defendant no. 1 and 2 filed reply to plaintiff’s Notice of Motion on 22.09.2016 and also appeared through advocate on the same date. The present Notice of Motion is tendered on 10.10.2019. The defendant no. 1 and 2 filed Affidavit in support of Notice of Motion and tried to explain the delay cause for filing written statement. From the reasons stated in the affidavit, it is seen that delay caused is not -- 1 of 3 -- NM 3312-19 in S.C.SU 1786-16 2 Date : 25.07.2026 deliberate and intentional. In this backdrop it is just and necessary to give one more opportunity to defendant no. 1 and 2 for filing their defence statement. The plaintiff can be compensated for the delay caused for filing the written statement. Hence, following order is passed to meet both the ends of justice : ORDER 1. Notice of Motion no. 3312 of 2019 is hereby allowed with permission to file written statement. 2. The delay caused for filing written statement is condoned subject to cost of Rs. 3000/- to be paid to the plaintiff within 15 days from today. 3. Notice of Motion no. 3312 of 2019 disposed off accordingly. (R.R. Patare) Judge, City Civil Court, Dt.:25/07/2025. Gr. Mumbai, (C.R.08) Directly Dictated on : 25.07.2025 Signed on : 25.07.2025 -- 2 of 3 -- NM 3312-19 in S.C.SU 1786-16 3 Date : 25.07.2026 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME NAME OF STENOGRAPHER 28/07/2025 at 4.15 p.m. Ms. V.V.Sawant Name of the Judge (With Court room no.) R.R. Patare (Court Room No.08) Date of Pronouncement of JUDGMENT/ORDER 24/07/2025 JUDGMENT/ORDER signed by P.O. on 28/07/2025 JUDGMENT/ORDER uploaded on 28/07/2025 -- 3 of 3 --