Interim Order 2

Order Details: Order below exhibit
Pdf Text: OBE 8 in CS No.100265 / 2019, Univeral - Bhavna Order (Exh.10)
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Commercial Suit No. 100265 / 2019
Universal Builders Vs. Bhavna Shah
MHCC01-010366-2019
Exhibit No. 10
City Civil and Sessions Court, Greater Mumbai
Court Room No. 31
(District Judge : Vijay S. Hingne, LL. M.)
Order below Exhibit 8
(Delivered on this 26th Day of July, 2023)
1. Defendant had preferred application at Exh.8 for
permission to file his Written Statement on record.
2. Heard Adv. Prashant Nakati for defendant and Adv.
Sanjay Shinde for plaintiff.
3. Perusal shows that, Suit is filed on 09.10.2019,
defendant was served on 08.02.2021 (Exh.3). Thereafter,
defendant appeared on 22.03.2021 and filed draft Notice of
Motion seeking leave to file his Written Statement.
Subsequently, while Notice of Motion was pending,
plaintiff, on 29.11.2021, filed his Summons for Judgment.
4. My Learned Predecessor heard rival sides and on
19.07.2022, rejected Summons for Judgment observing that,
defendant is entitled for unconditional leave to defend.
5. It is thereafter, on 23.11.2022, defendant preferred
present application (Exh.8) seeking permission to file Written
Statement.
6. The amended First Schedule / Order 5 Rule 1 (1) of the
Code of Civil Procedure provides that, defendant is required to
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OBE 8 in CS No.100265 / 2019, Univeral - Bhavna Order (Exh.10)
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file Written Statement within 30 days. In case he fails to file
Written Statement, then for reasons to be recorded in writing and
on payment of such cost as deems fit, the Court may allow him to
file Written Statement, but within 120 days from date of service.
As per above Order, defendant can file his Written
Statement only within 120 days.
7. In present case, on 19.07.2022, the Court permitted the
defendant to file his Written Statement.
So, 120 days will lapse on 12.11.2022.
As it is thereafter on 23.11.2022, defendant preferred
present application, same cannot be considered. Hence, the
following Order :
ORDER
i. Application (Exh.8) from Commercial Suit No. 265 /
2019, Universal Builders Vs. Bhavna Rajendra Shah is
rejected.
ii. Suit to proceed without Written Statement.
iii. Plaintiff to lead evidence, by next date.
iv. Order dictated and pronounced in open Court.
Mumbai
Dated : 26.07.2023 (Vijay S. Hingne)
District Judge, Court Room No.31
City Civil & Sessions Court,
Greater Mumbai
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