Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 19/21 in Comm. Suit No. 27/2020. 1 Order.
MHCC010000352021
Presented on : 05-01-2021
Registered on : 05-01-2021
Decided on : 17-03-2021
Duration : 0 years, 2 months, 12 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 19 OF 2021
IN
COMMERCIAL SUIT NO. 27 OF 2020
Lalit Bhagwandas Narang ...Plaintiff
Versus
M/s. Ahuja Properties & Developers and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 17th MARCH, 2021.
Mr. S.K.Paranjape, Advocate for Plaintiff.
Ms. Shraddha Birwadkar I/b Mr. Madhukar Mulay, Advocate for
Defendant Nos.1 to 4 and 6.
ORDER
This is a motion submitted by defendant nos.1 to 3 to
condone delay of 19 days and requested to accept written statement.
Perused reply submitted by plaintiff vide Exh.8.
2. Learned Adv. Shraddha Birwadkar for defendant nos.1 to 3
submits that during March to December it was a peak period of COVID.
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N/m No. 19/21 in Comm. Suit No. 27/2020. 2 Order.
During this period clients were not in contact with lawyer. There was
no regular sitting of the court. For some period only 1/4th staff was
working. It was not permitted to travel by local train. Copy of written
statement is already submitted by the defendants alongwith notice of
motion. It is requested to accept the written statement.
3. Learned Adv. Paranjape for the plaintiff admitted the
factual aspect. However, it is strongly resisted to accept the written
statement as it was the duty of defendants to submit written statement
as they appeared on 03/03/2020, prior to the lockdown, defendants
had one month in their hand. It is requested to reject the motion.
REASONS
4. Defendant nos.1 to 3 have submitted their bonafides as
present notice of motion is tendered alongwith copy of written
statement. It is material to note that application vide Exh.6 submitted
by defendant nos.4 and 6 is pending to delete their names. It would be
appropriate to decide the matter on merit. There are sufficient grounds
to condone the delay. On perusal of roznama, it appears to be no
effective working in roznama from 08/04/2020 to 14/09/2020. There
is no intentional delay in submission of written statement. It would be
appropriate to decide the matter on merit. Hence, notice of motion is
allowed. Hence, the order :
ORDER
1. Notice of Motion No. 19/2021 is allowed, no order of cost.
2. Written statement submitted by defendant nos.1 to 3 is
marked vide Exh.9. (Copy is already served to plaintiff.)
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N/m No. 19/21 in Comm. Suit No. 27/2020. 3 Order.
3. N/m No. 19/21 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 17/03/2021. Mumbai.
1. Dictated on : 17/03/2021.
2. Transcribed on : 17/03/2021.
3. Signed on : 18/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/03/2021. 5.37 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 17/03/2021.
Judgment/Order signed by P.O. on 18/03/2021.
Judgment/Order uploaded on 18/03/2021.
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