Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.3765 OF 2019
(CNR NO.MHCC010102242019)
IN
S. C. SUIT NO.1173 OF 2019
Mrs. Savitri Omprakash Singh )..Plaintiff
V/s.
Mrs Kalpana Prakash Wagralkar & others ).. Defendants
Appearances :
Adv. Shailendra Singh for plaintiff.
Adv. Siddhart Jadhav for defendant No.1 to 4.
Adv. Advaya Legal for defendant No.5 & 6.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 05/08/2022.
ORDER
1. This motion is taken out by defendant No.5 for
condonation of delay and for permission to file written statement. It is
the contention of defendant No.5 that there is a delay of 20 days in
filing written statement. The defendant No.5 had prepared the written
statement within stipulated period, however, on 29.08.2019, the board
of this court was discharged. Therefore, the junior counsel appearing for
defendant No.5 got confused, he did not file written statement though it
was ready with him and prayed to grant permission to file written
statement with condonation of delay.
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2. The plaintiff replied resisting contentions of defendant No.5. It is
his contention that 90 days from service of summons had been expired
on 02.09.2019 and there is a delay of about 112 days. Defendant No.5
has miscalculated the delay as only 20 days and prayed for rejection of
motion.
3. Heard the counsel of defendant No.5. Counsel of plaintiff absent
when called.
4. On perusal of record, it is revealed that the board was discharged
by this court on 29.08.2019 and written statement tendered by
defendant No.5 shows that defendant No.5 had affirmed the affidavit of
written statement on 27.08.2019. Therefore, there is substance in the
contention of defendant No.5 that its written statement was ready in
time. Due to confusion of junior counsel they could not file written
statement.
5. So far as delay is concerned, there is a delay of 20 days after
expiry of 90 days which is negligible. Therefore, it deserves to be
condoned as defendant No.5 is society and sufficient opportunity
deserves to be given to defendant No.5 to raise its defence.
Consequently, I proceed to pass the following order :
ORDER
1. Notice of Motion No.3765/2019 in Suit No.1173/2019 is
hereby allowed.
2. Delay stands condoned.
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3. Defendant is permitted to file written statement on record.
4. Notice of Motion stands disposed off accordingly.
(Order dictated & pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, C.R. No.03
Dated : 05/08/2022 Greater Bombay
Dictated on : 05/08/2022
Typed on : 05/08/2022
Signed on :
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“Certified to be true and correct copy of the original signed order”.
08/08/2022 (Mrs. Vidya Abhijit Mande)
at about 06.00 p.m. Stenographer (GradeI.)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 05/08/2022
Order signed by Hon'ble Judge on : 06/08/2022
Order uploaded on : 08/08/2022
at about 06.00 p.m.
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