Final Order 1

Order Details: Notice of Motion
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MHCC010097602019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3582 OF 2019
IN
S.C. SUIT NO. 2941 OF 2016
Arabian Sea View Co-operative
Housing Society Limited ...Applicant (Deft No.3)
In the matter between:
Indu Rakesh Jain & Anr. ...Plaintiffs
V/s.
1. Seema Navin Jain & Ors. ...Defendants.
Appearance :-
Learned advocate Nisha Shah for plaintiffs.
Learned advocate Mustafa Kachawala for defendant no.3.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 23/03/2022.
ORDER
1. This notice of motion is taken out on behalf of the defendant no.3
for accepting its written statement by setting aside exparte order passed
against them dated 03/05/2017. This notice of motion is resisted orally
on behalf of the plaintiffs.
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2. Heard learned counsel on behalf of defendant no.3 and the
learned counsel on behalf of plaintiffs. Read the present notice of
motion, documents are on record.
3. The record shows that the plaintiffs have not filed written reply
to this notice of motion but the learned counsel for the plaintiffs have
submitted that the plaintiffs do not want to file written reply to this
notice of motion. The learned counsel on behalf of the plaintiffs has
orally submitted that there is delay for filing this notice of motion.
Therefore, this notice of motion taken out on behalf of the defendant
no.3 may kindly be dismissed with costs.
4. The learned counsel for the defendant no.3 has submitted that
there is no specific relief against the present applicant i.e. defendant
no.3. Therefore it was advised him, it is not require to file written
statement and therefore the defendant no.3 could not file written
statement. Therefore, on 03/05/2017, exparte order passed against
defendant no.3. Thereafter, the defendant no.3 came to know that the
plaintiff has filed chamber summons bearing no. 214 of 2019 dated
26/12/2018 and the plaintiff make prayer in the chamber summons
and asked relief against the present defendant no.3. Therefore, now it is
need to defendant no.3 to file written statement.
5. The learned counsel on behalf of the defendant no.3 has further
argued that there is no any intention on the part of the defendant not to
file written statement and now it is need to defendant no.3 to file
written statement and therefore, if this notice of motion is to be
allowed, then it will not cause any hardship on the part of the plaintiff.
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6. After hearing arguments advanced by both the learned counsels
on behalf of both the sides at length and after perusal of the affidavit of
Arun Jhunjhunwala i.e. Chairman of defendant no.3 Society, I have
satisfied and moreover, if this notice of motion is to be allowed then it
will not cause any hardship on the part of the plaintiffs. Therefore, I
inclined to allow this notice of motion. Hence, I proceed to pass
following order.
ORDER
1. Notice of motion No. 3582 of 2019 is hereby allowed.
2. Exparte order passed against defendant no.3 dated 03/05/2017 is
hereby set aside and permitted to defendant no.3 to file their written
statement.
3. Notice of motion No. 3582 of 2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :23/03/2022. Gr. Mumbai
Dictated on: 23/03/2022
Transcribed on: 23/03/2022
HHJ signed on: 23/03/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
23/03/2022 at 5.00p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
23/03/2022
Judgment/order signed by P.O. on 23/03/2022
Judgment/order uploaded on 23/03/2022
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