Interim Order 3

Order Details: Notice of Motion
Pdf Text: N/m No. 841/2020 in Comm. Suit No. 134/19. 1 Order.
MHCC010022182020
Presented on : 21-02-2020
Registered on : 21-02-2020
Decided on : 10-03-2021
Duration : 1 years, 0 months, 18 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 841 OF 2020
IN
COMMERCIAL SUIT NO. 134 OF 2019
M/s. Ashok Commercial Enterprises and Another ...Plaintiffs
Versus
Rajesh Jugraj Madhani ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 10th MARCH, 2021.
Ms. Yasmin Tavaria, Advocate for Plaintiffs.
Mr. Vijay Upadhyay, Advocate for Defendant.
ORDER
This is a motion taken out by the defendant for permission
to accept the written statement by condonation of delay. Perused reply
submitted by the plaintiff.
2. Learned Adv. Upadhyay for defendant submits that suit is
preferred by the plaintiff beyond the period of limitation. However,
defendant has marked his first appearance on 04/11/2019. Admittedly,
defendant has received a letter of learned advocate for plaintiff on
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N/m No. 841/2020 in Comm. Suit No. 134/19. 2 Order.
11/10/2019. There was holiday on 8th and 9th February, 2020. It was
first working day of the week on 10/02/2020. Defendant has submitted
the written statement on 10/02/2020. Therefore, even for
mathematical calculation it is not beyond the upper limit of 120 days.
It is prayed to accept the written statement.
3. Learned Adv. Tavaria for plaintiff submits that there is no
sufficient grounds mentioned in the motion except travelling. On
perusal of all previous roznama, it reflects attitude of the defendant to
prolong the trial. According to plaintiff, there is no substance in
motion, it is prayed to reject the motion.
REASONS
4. Upon questionnair with both side, it is not disputed that
120 days were about to finish on 08/02/2020. It is not disputed that 8th
and 9th February, 2020 were holidays. Therefore, last day of limitation
require to consider on 10th February, 2020, whereon, defendant has
submitted the written statement.
5. Learned advocate for plaintiff relied over SCG Contract
India V/s. A.S. Chamankar – 2019 SCC OnLine SC 226, wherein, it is
held that there can be no extension of time by using any type of
discretion as stipulated in the Commercial Courts Act, 2015 beyond 120
days.
6. Considering specific object and legislative intent behind the
case management hearing under the Commercial Courts Act, a specific
period for filing written statement is mentioned. No discretion is left
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N/m No. 841/2020 in Comm. Suit No. 134/19. 3 Order.
with the trial Court with specific object to expedite hearing. However,
in present case, as mentioned above, written statement came to be
submitted well within limitation. With cost of repetition, it is to note
that written statement came to be filed on 120th day from the
appearance. In short, written statement submitted by the defendant
dated 10/02/2020 be accepted. Hence, the order :
- ORDER -
1. Notice of Motion No. 841/2020 is allowed.
2. W.S. submitted by the defendant is marked as Exh.2.
(Defendant to provide the copy of W.S. to the plaintiff.)
3. N/m No. 841/2020 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/03/2021. Mumbai.
1. Dictated on : 10/03/2021.
2. Transcribed on : 11/03/2021.
3. Signed on : 12/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12/03/2021. 1.44 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 10/03/2021.
Judgment/Order signed by P.O. on 12/03/2021.
Judgment/Order uploaded on 12/03/2021.
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N/m No. 841/2020 in Comm. Suit No. 134/19. 4 Order.
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