Order 1

Order Details: Notice of Motion
Pdf Text: NM 707-2020 in S.C. Suit no.2549-2019
1 Date :29.02.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 707 OF 2020
IN
S.C. SUIT NO. 2549 OF 2019
(CNR NO.MHCC01-001940-2020)
Mr. Mohammed Kalim Gulam
Mohammed Shaikh and Ors. .. Plaintiffs
Versus
Mr. Mohammed Salim Gulam
Mohammed Shaikh and Ors. . .. Defendants
Appearances :-
Ld. Adv. Mustofa T. Dorukhonowola for plaintiff.
Ld. Adv. Shaikh Oneza for defendant no.1,3 and 5.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 29.02.2020
ORDER
1. Defendant no. 1, 3 and 5 have filed instant Notice of Motion
for condonation of 58 days delay in filing Written Statement. It is
contended by the defendants that they have been served with suit
summons on 09.10.2019. However, defendant no. 3 met with an
accident on 30.08.2019 and sustained serious injury for which he
had undergone ACL Surgery and he was bed ridden for three
months. The defendant no. 3 was unable to walk and he was on
medication. The plaintiff being siblings of the defendants are well
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NM 707-2020 in S.C. Suit no.2549-2019
2 Date :29.02.2020
aware of the aforesaid fact. As the defendant no. 1, 3 and 5
contesting together with same defence, therefore, they wanted to
file common Written Statement. However, due to the disability of
defendant no. 3, the delay of 58 days has been caused.
2. The Notice of Motion is opposed by the plaintiffs by filing
say. Heard both the sides. Perused Notice of Motion as well as
reply. The reasons assigned by the defendants is that the
defendant no. 3 had met with an accident on 30.08.2019. In
support of defence, the defendants filed medical papers which
shows that the defendant no. 3 was hospitalised and had
undergone operation. In my view, the aforesaid materials are
sufficient to condone the delay in filing Written Statement.
3. It is further contended by the defendant that as their defence
are same, therefore, they were required to file common Written
Statement. Therefore, defendant no. 1 and 5 did not file Written
Statement. In my view, the reasons assigned by the defendants are
sufficient to condone the delay. In the event, if the delay is not
condoned, great prejudice would be caused to the defendants to
defend the suit. Hence, in my view, in furtherance of justice, the
delay can be condoned. The inconvenience caused to the plaintiff
can be compensated by awarding reasonable cost of Rs. 2,000/- to
the plaintiff by the defendants. Thus, I proceed to pass the
following order :
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NM 707-2020 in S.C. Suit no.2549-2019
3 Date :29.02.2020
ORDER
1. Notice of Motion No.707 of 2020 is hereby allowed in terms
of prayer clause (a) subject to the condition of payment of
cost of Rs. 2000/- to the plaintiff by the defendants. And
after payment of the aforesaid cost, the defendants to file
Written Statement on record.
2. Defendants to bear their own cost.
3. Notice of Motion No.707 of 2020 is disposed off accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 29.02.2020 Greater Bombay.
Dictated on : 02.03.2020
Typed on : 03.03.2020
Draft Submitted on : 03.03.2020
Checked on : 06.03.2020
Signed on : 06.03.2020
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NM 707-2020 in S.C. Suit no.2549-2019
4 Date :29.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/03/2020 at 4.45 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
29/02/2020
JUDGMENT/ORDER signed by P.O.
on
06/03/2020
JUDGMENT/ORDER uploaded on 07/03/2020
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