Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M. No.3799/19 (SC No.132/18)
MHCC010102712019
Presented on : 11/10/2023
Registered on : 11/10/2023
Decided on : 05/11/2024
Duration : 5 Y 0 M 26 D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.3799 OF 2019
IN
SHORT CAUSE SUIT NO. 132 OF 2018
Mr. Amriksingh Niranjansingh Nandada ... Plaintiff
- Versus -
Niranjan Apartment Co-op Soc. & Ors. … Defendants
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 05th November, 2024.
Appearance :-
Ms. Nikita More, advocate for the plaintiff.
Advocate for defendants absent.
O R D E R
By this notice of motion defendant No.1 prayed for
condoning delay in filing written statement. Perused affidavit in support
and the suit proceeding.
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N/M. No.3799/19 (SC No.132/18)
2. It is submitted by defendant No.1 that one of the occupants
in the society has filed suit against the society and member of the
society claiming ownership rights in respect of flat No. E-103, Niranjan
Co-op Hsg. Society Ltd. The society is not concerned about the inter-se
dispute filed by occupants against members of the society. There has
been a redevelopment project initiated by the developers Ms Alag
Property Constructions P. Ltd. Written statement of defendant No.1 was
filed after due discussion with the other members of the managing
committee and in that process time was consumed. Hence the written
statement was not filed within time. Thus, prayed for allowing this
notice of motion.
3. The plaintiff has opposed this notice of motion and prayed
for dismissal of the notice of motion. It is submitted by the plaintiff that
‘No Written Statement’ order was passed on 30.10.2018 and there is no
prayer of setting aside ‘No Written Statement’ order. Thus, the plaintiff
prayed for dismissal of the notice of motion.
4. Heard learned advocate for the plaintiff. Perused record.
The instant suit is for injunction. Certainly, ‘No Written Statement’
orders are passed and there is no specific prayer for setting aside ‘No
Written Statement’ order. However, in view of prayer clause (b) in this
notice of motion, the prayer of setting aside ‘No Written Statement’
order can be considered. Having regard to the nature of dispute
between the parties, I find it just and proper to allow defendant No.1 to
file written statement on record for complete and proper adjudication of
the dispute between the parties. Hence, without going into
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N/M. No.3799/19 (SC No.132/18)
technicalities and for just decision of the case, written statement of
defendant No.1 is taken on record by condoning delay and setting aside
‘No Written Statement’ order passed against it. Hence, I pass following
order :-
O R D E R
1. Notice of Motion No.3799/2019 in Suit No.132/2021 is
allowed as prayed.
2. Written statement of defendant No.1 is taken on record by
setting aside ‘No Written Statement’ order.
3. Parties to take note.
4. Proceeding of Notice of Motion No.3799/2019 in Suit
No.132/2018 is closed.
Date : 05/11/2024. (Prashant C. Kale )
Ad-hoc Judge
City Civil Court, Gr. Bombay.
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N/M. No.3799/19 (SC No.132/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06.11.2024 at 4.44 pm ( Samruddhi Jadhav)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. Prashant C. Kale (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
05/11/2024
JUDGMENT/ORDER signed by
P.O.on
06/11/2024
JUDGMENT/ORDER uploaded on 06/11/2024
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