Final Order 3

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1948 OF 2019
IN
S.C.SUIT NO.412 OF 2019
Dena Bank .... Plaintiffs
V/s
M/s.Deepak Tours & Travesl & Anr. ....Defendants
APPEARANCE:-
Advocate Karuna Adangale for plaintiff.
Advocate K.H.Chaturvedi for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE : 27th February,2020
ORDER
Perused Chamber Summons alongwith affidavit and reply
filed by plaintiff.
2. Defendant has taken out Chamber Summons on the ground
that he have no knowledge about the law and procedure. Hence,
his advocate was not ready written statement and not filed
written statement in the court and therefore, suit is proceeded
without written statement against defendant. Lastly, it is prayed
that delay for filing appearance of the defendant be condoned and
defendant be permitted to file written statement on record.
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3. Plaintiff filed no objection subject to the cost to the Notice of
Motion.
4. I have heard Ld.Counsel for defendant K.H.Chaturvedi and
advocate for plaintiff Karuna Adangale. I have perused record. As
per the record the defendant appear in the court in person on
21/6/2019 and thereafter he was filed vakalatnama of his advocate
on 25/7/2019. Thereafter, defendant failed to file written
statement till today. However, defendant tendered draft chamber
summons alongwith affidavit. As per O.VIII R.1 of CPC it was
upon defendant to file written statement within 30 days after
execution of writ of summons. As per the postal track
consignment filed by plaintiff writ of summons was delivered to
the defendant on 3/5/2019. From 3/5/2019 upto 30 days it was
upon defendant to file written statement. However, plaintiff failed
to file written statement and taken out Chamber Summons on the
ground that he have no knowledge about the law and procedure.
He has failed to file written statement within stipulated time. As
per proviso of O.VIII R.1 of CPC time to file written statement can
be extended upto 90 days if defendant shown extra ordinary and
special reason for non filing written statement within stipulated
time. However, in the present Chamber Summons defendant raised
ground that he does not have any knowledge about the filing
written statement within stipulated time is not came into the
definition of extra ordinary and special reason. Moreover, the
plaintiff failed to explain how many days delay has been caused
for filing written statement. Inabsence of extra ordinary and
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special reason O.VIII R.1 of CPC does not permit this court to
condone the delay and grant permission to the defendant to file
written statement. In view of above said reason, I proceed to pass
following order.
ORDER
Chamber Summons No.1948 of 2019 is dismissed with costs.
Date:-27/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :-27/02/2020
Typed on :-27/02/2020
H.H.J.Signed on :-27/02/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/02/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
27/02/2020
JUDGMENT/ORDER signed by P.O. on 27/02/2020
JUDGMENT/ORDER uploaded on 27/02/2020
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