Final Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.3704 OF 2019
IN
SUIT NO.2871 OF 2018
Sayyed Abbas Ali ..Plaintiff
Versus
1. Tata Power Company Ltd. Staff
Superannuation Fund and anr ..Defendants
Appearance:-
Ld. advocate Siddiqui for plaintiff
Ld. advocate Dhruv Joshi for defendant no.1
Ld. advocate Jyoti Padvalkar for defendant no.2
CORAM: HIS HONOUR JUDGE
SHRI SHANKAR G.BORLEPWAR
(CR NO.20)
DATE: 25/02/2020
ORAL ORDER
1. Defendant no.2 took out this notice of motion for
condonation of delay in filing the written
statement on record.
2. Perused Notice of Motion, affidavit in support of
Notice of motion.
3. Heard both the sides.
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4. Following points arise for my determination. I
record my findings thereof for the reasons
mentioned below:
Sr.
No.
Points Findings
1. Whether delay in filing the
written statement by
defendant no.2 can be
condoned?
In the affirmative.
2. Whether defendant no.2 can
be permitted to file written
statement on record?
In the affirmative
3. What order? Notice of motion is
allowed.
REASONS
5. In brief, it is the contention of defendant no.2
that defendant no.2 was served with writ of
summons on 07/05/2019. Due to administrative
and other reasons defendant no.2 could not
obtain approval in respect of filing of the written
statement. Due to transfer of concerned officers,
over burden work, collecting information from
various department, defendant no.2 could not
prepare the written statement and could not file
it on record earlier. Therefore delay be
condoned.
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6. Ld. advocate appearing for the plaintiff submitted
that if the Notice of Motion is allowed, heavy
costs may be imposed.
7. Perused Order 8 Rule 1 of Code of Civil
Procedure.
8. As per Order 8 Rule 1 of Code of Civil
Procedure, defendant has to file written statement
within 30 days from the date of service of
summons. As per the proviso of Order 8 Rule 1
where the defendant fails to file the written
statement within the said period of thirty days,
defendant can be permitted to file written
statement within 90 days, if defendant takes out
grounds for delay in filing written statement. In
view of Rule 9 and 10 of Code of Civil Procedure
the proviso of Order 8 Rule 1 is not mandatory
but it is directory in nature.
9. Considering the nature of the suit and the reasons
in filing the written statement mentioned in the
notice of motion, I am of the opinion that delay
can be condoned and defendant no.2 can be
permitted to file the written statement on record.
Hence, I record my findings on point nos.1 and 2
in the affirmative and point no.3 Notice of
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Motion is allowed as per final order. Hence,
following order:-
ORDER
1. Notice of Motion No.3704 of 2019 is
allowed.
2. Delay in filing written statement of
defendant no.2 is condoned.
3. Defendant no.2 is permitted to file Written
statement.
4. Written statement of defendant no.2 is filed
with notice of motion, it be taken on
record.
5. Costs in cause.
25/02/2020 SHANKAR G.BORLEPWAR
Judge,(CR No.20)
City Civil Court,Gr.Mumbai
Dictated on: 25/02/2020
Typed on: 26/02/2020
Signed on: 09/03/2020
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
11/03/2020 at 4.00 pm.
MRS.T.C.KAMBLE
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Name of the Judge SHANKAR G.BORLEPWAR, CR
NO.20
Date of Pronouncement of
judgment/order
25/02/2020
Judgment and order signed by P.O. 09/03/2020
Judgment/order uploaded on 11/03/2020
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