Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 3864/19 in Suit No. 108/16. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 3864 OF 2019
(CNR NO. MHCC01-010540-2019)
IN
L. C. SUIT NO. 108 OF 2016
(CNR NO. MHCC01-000357-2016)
Mr. Nazir Khan S/o Amir Khan ...Plaintif
Versus
The Municipal Corporation of Greater Mumbai ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 5th FEBRUARY, 2020.
Mr. Rajesh Singh, Advocate for Plaintif.
Mrs. Tondwalkar, Advocate for Defendant No.1 / MCGM.
Mr. Shivshankar Yadav, Advocate for Defendant No.2.
ORDER
This is a motion taken out by defendant MCGM for
condonation of delay and to accept written statement.
2. Perused reply submitted by plaintif, it is strongly
objected to accept written statement. Ld. Advocate Rajesh
Singh for plaintif, requested to peruse case laws fled by him
in another suit (i.e. L.C.Suit No. 107/2016).
3. Ld. Advocate Tondwalkar for MCGM submits that
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N/m No. 3864/19 in Suit No. 108/16. 2 Order.
reply-cum-written statement was sent for afrmation, however
it could not received from the concern department, therefore
the delay is caused in submission of written statement. It is
added that interim application by way of notice of motion was
pending, it is still awaiting for argument on notice of motion
and to proceed for fnal order, therefore defendant could not
proceed for fling written statement. It is requested to accept
written statement.
4. Ld. Advocate Rajesh Singh for plaintif submits that
there cannot be separate law for government organization.
Law of Limitation is equal for all. There is no proper pleading
of motion nor any explanation is averred to explain delay
caused. He relied on various rulings, more specifcally
Parasmal Daulatram Jain V/s. Rameshwar Rathanlal
Karwa (Writ Petition No. 5873/2018) dated 10/10/2019.
REASONS FOR ORDER
5. On perusal of roznama, document in support of
notice came to be fled by defendant MCGM vide Exh.2 on
17/02/2016. On the same day ad-interim relief was given by
this Court which was continued for 4 years. Meanwhile, one
chamber summons preferred by plaintif came to be allowed
by this Court wherein the delay caused to carry out
amendment came to be condoned by the Court subject to cost
of Rs.5,000/- on 13/06/2018.
6. It is a mandate of Order 39 Rule 3A of CPC that
once ad-interim relief is granted, impugned application require
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N/m No. 3864/19 in Suit No. 108/16. 3 Order.
to be dispose of within 30 days. There is no explanation on
the part of both side to insist for disposal of ad-interim relief
granted by this Court.
7. Chamber Summons No. 328/2016 was allowed by
this Court on 18/02/2016. However, plaintif failed to comply
the same for 2 years. He preferred application vide Exh.4 on
13/06/2018 i.e. after 26 months. This Court has allowed the
same subject to cost of Rs.5,000/- (Rupees Five Thousand
Only). Ld. Advocate for plaintif intentionally avoided to
comment on delay of 26 months caused on part of plaintif.
8. It appears from proceeding that upon issuance of
ad-interim relief, plaintif opted to continue with same and do
not insisted for speedy disposal and to proceed for hearing. In
view of settled principles of law as referred by ld. Advocate for
plaintif that there cannot be separate exemption for a
government body to fle written statement or to bye-pass
mandatory provisions of Law of Limitation. However,
considering entire proceeding on merit, it would be
appropriate to decide the matter on merit. Written statement
of defendant no.1 be accepted subject to cost of Rs.1,000/-
(Rupees One Thousand Only) be paid to plaintif. Hence the
order :
- ORDER -
1. Notice of Motion No. 3864/2019 is allowed subject
to cost of Rs.1,000/- be paid to plaintif.
2. Plaintif may insist for expedite hearing of notice of
motion.
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N/m No. 3864/19 in Suit No. 108/16. 4 Order.
3. N/m No. 3864/19 is disposed of accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/02/2020. Mumbai.
1. Dictated on : 05/02/2020.
2. Transcribed on : 10/02/2020.
3. Signed on : 11/02/2020.
4. Delivered to Certifed :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/02/2020. 3.21 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of
Judgment/Order
05/02/2020.
Judgment/Order signed by P.O. on 11/02/2020.
Judgment/Order uploaded on 11/02/2020.
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