Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2723-18 in S.C. Suit no. 1524-14 Date : 16.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2723 OF 2018
IN
S.C. SUIT NO. 1524 OF 2014
(CNR NO.MHCC0100908720 18)
Smt. Vasanti Kamalakar Bhoir & Ors. .. Plaintiffs
Versus
Mr. Haresh Jethabai Thadeshwar & Ors. .. Defendants
Appearances :
Ld. Adv. Priyanshu Mishra for plaintiff
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 3
Date : 16.09.2021
ORDER
1. The defendant no. 1,2 and 3 have filed instant Notice of
Motion for recalling of order dated 14.03.2016 by which the suit
has been proceeded exparte against them and they are seeking
condonation of 1399 days delay in filing Written Statement.
2. It is contended by the defendants that they were served with
writ of summons on 28.08.2014 at old registered address with
effect from 01.02.2014. New partners were introduced in the
firm. The Deed of Admission dated 01.02.2014 is duly registered
and the Register Office address of the firm was changed. The
defendant no. 1 to 3 were not actively involved in the
management of the business. Moreover, they were engaged in
other proposed building project.
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NM 2723-18 in S.C. Suit no. 1524-14 Date : 16.09.2019
3. It is further contended that after receipt of suit summons,
they have forwarded the file to the new partners. However, the
said new partners misplaced the file.
4. It is further contended that in the month of February 2018
they have received Notice of Motion. Therefore, they have
contacted to the newly appointed partners but they found that
they have not taken any steps to file Written Statement on record.
Therefore, there was a delay of 1399 days in filing Written
Statement. It is contended by the defendants that there is no
intentional delay on their part. The reasons assigned are bonafide
and sufficient to condone delay. Hence, they prayed to allow
present Notice of Motion.
5. The Notice of Motion is opposed by the plaintiff by filing say.
It is contended by the plaintiff that the defendants failed to explain
day to day delay in filing Written Statement. The reasons assigned
by the defendants are not sufficient and cogent to condone the
delay. The defendants are negligent in filing their Written
Statement. Hence, plaintiff prayed for rejection of Notice of
Motion.
6. Heard both the sides at length. It is not in dispute that the
defendants received suit summons on 28.08.2014. On perusal of
Roznama, it appears that the defendants did not bother to appear
in the Court. The reasons assigned by the defendants is that due
to assignment of present case to the newly inducted partners, the
delay has bee caused. The new partners did not bother to take any
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NM 2723-18 in S.C. Suit no. 1524-14 Date : 16.09.2019
steps. Apart from that the defendants were preoccupied with
their ongoing projects. Certainly, the reasons assigned are not at
all sufficient to condone the delay. The conduct of defendants
clearly shows that they are not entitle for any relief to condone the
delay but during the course of argument, the advocate of plaintiff
conceded that in the event, heavy cost is imposed, he has no
objection for allowing the present Notice of Motion. Thus,
accepting the aforesaid statement and conduct of defendants, I am
of the view that the Notice of Motion can be allowed by imposing
compensatory cost. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 2723 of 2018 is hereby allowed in
terms of prayer clause (a) and (b) upon payment of compensatory
cost of Rs. 30,000/ to be payable by the defendant no. 1, 2 and 3
to the plaintiff within a period of 15 days from the date of order.
2. Upon payment of aforesaid cost, the defendants are allowed
to file their Written Statement on record.
3. In terms of the above, Notice of Motion No. 2723 of 2018
disposed of.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 16.09.2021 Greater Bombay.
Dictated on : 16.09.2021
Typed on : 16.09.2021
Draft Submitted on : 16.09.2021
Checked on :17.09.2021
Signed on :17.09.2021
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NM 2723-18 in S.C. Suit no. 1524-14 Date : 16.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/09/2021 at 6.00 p.m (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
16/09/2021
JUDGMENT/ORDER signed by P.O.
on
17/09/2021
JUDGMENT/ORDER uploaded on 17/09/2021
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