Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.3896/2019
in S.C Suit No.1829/2013
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 3896 OF 2019
(CNR NO. MH CC01-010722-2019)
IN
S.C. SUIT NO. 1829 OF 2013
Shri Shaikh Abdul Gani Mohammed Ismail
....Plaintiff
V/s.
Mumbai Building Repair & Reconstruction Board & Ors.
...Defendant
Appearance:-
Ms. Vaibhavi Pawar, Advocate h/f Mr. Kudalkar, Advocate
for the plaintiff.
Ms. Mangal Kadam, Advocate for the Defendant Nos.1 and 2.
CORAM :- HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE :- 15th February, 2020.
ORDER
1. By this Notice of Motion defendant Nos.1 and 2 prayed for
condonation of delay and for setting aside no written statement order
passed on 24.10.2016 and for permission to file written statement.
2. Mr. Ramdas Waje, Estate Manager, Worli Division, Mumbai
in the office of defendant No.1, filed affidavit in support of notice of
motion and it is averred that since 2013 to 16.03.2016, the matter was
pending for hearing of notice of motion No.1770 of 2013. As plaintiff’s
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2 Notice of Motion No.3896/2019
in S.C Suit No.1829/2013
failed to argue the said notice of motion, it was dismissed for want of
prosecution on 16.03.2016. Somewhere in June/July-2016, summons
served on defendant Nos.1 and 2. They failed to file written statement
and therefore order dated 24.10.2016 was passed.
3. It is further averred that earlier matter was assigned to
Advocate Mrs. Prabhu and thereafter it was assigned to Advocate Mr.
Nagle. They did not tender written statement. In the year 2018, the
matter was assigned to present Advocate. However, during the process
of transferring papers from one Advocate to another and thereafter
some papers got misplaced and some of the documents are missing
hence, instructions could not be given to the present Advocate and the
written statement could not be filed in the matter. Due to
circumstances beyond the control of defendants, written statement
could not be filed in the matter. There is no intentional delay in
tendering written statement on record. Therefore, it is prayed that the
notice of motion kindly be made absolute.
4. Plaintiff failed to file reply to the notice of motion.
Therefore, no reply order is passed against plaintiff.
5. Heard both the learned Advocate. Specific duration of
delay is not mentioned in the notice of motion. Therefore, as per the
direction in the order dated 11.02.2020 in the Roznama, Advocate of
defendant Nos.1 and 2 filed pursis Exh-4 and it is submitted that there
is delay of three years, three months and 10 days in filing present notice
of motion. Reasons mentioned in the notice of motion that due to
assignment of the matter from one Advocate to another and
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3 Notice of Motion No.3896/2019
in S.C Suit No.1829/2013
consumption of time in taking instructions as some of the papers were
misplaced and missing, appears to be sufficient cause for condonaiton
of delay in tendering notice of motion. However, it was duty of the
learned Advocate to verify the status of the case and to take proper
steps in order to proceed with the suit. Hence, for the delay caused on
behalf of defendant Nos.1 and 2, plaintiff should be compensated
sufficiently. Resultantly, I am of the opinion that cost of Rs.1,000/- to
plaintiff will be justifiable in the interest of justice. Accordingly, I pass
following order.
ORDER
1. Notice of Motion No.3896 of 2019 is made absolute in terms of
prayer clause (a) on payment of Rs.1,000/- (Rs. One Thousand
Only) to plaintiff to be paid on or before next date.
2. After payment of cost, written statement of defendant Nos.1 and
2 be taken on record.
3. Notice of Motion No. 3896 of 2019 is disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date :- 15/02/2020
Dictated on : 15.02.2020
Transcribed on : 02.03.2020
Checked on : 03.03.2020
Signed on : 03.03.2020
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4 Notice of Motion No.3896/2019
in S.C Suit No.1829/2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
03.03.2020 05.45 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 15.02.2020
Order signed by P.O. on 03.03.2020
Order uploaded on 03.03.2020
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