Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4100/2019 in Suit 730/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4100 OF 2019
IN
SUIT NO. 730 OF 2019
CNR NO. : MHCC01-011247-2019
Dr. P. Vijaykumar @ Vijaykumar
Parameswaran Unnithan … Plaintiff
Versus
Preethi Krishnan ...Defendant
Appearance:
Advocate S.S. Redekar for Plaintiff.
Advocate Veena Gowda for Defendant.
CORAM :SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.13)
DATE : 29/10/2020
ORAL ORDER
1. The Notice of Motion is filed by the defendant to condone
the delay of 133 days to file the Written Statement. The Notice of
Motion is supported by affidavit of defendant Preethi Krishnan. She
stated on oath that she is residing in United States of America
(U.S.A.) and due to time difference between India and U.S.A, she
was unable to contact her advocate in Mumbai to give instructions
to file Written Statement effectively. In between this period, she
had to shift from one State to another State in U.S.A. Therefore,
there is delay to file Written Statement and prayed to allow the
Notice of Motion.
2. The plaintiff filed reply through affidavit of Dr. P. Vijaykumar
and has denied the contention and reasons stated in the Notice of
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Motion to condone the delay.
3. Heard advocate Veena Gowda for defendant and advocate
S.S. Redekar for the plaintiff. Perused the contents of Notice of
Motion and reply supported through affidavit of the parties. I have
also gone through the record.
4. The suit is filed by the plaintiff for defamation. The contents
stated in the affidavit to the Notice of Motion by the defendant that
she is residing in U.S.A. and due to difficulties, which she has to
face could not effectively contact the advocate in Mumbai to file
the Written Statement. Therefore, there is sufficient cause stated by
the defendant to condone the delay to file Written Statement.
Considering the nature of the suit, the opportunity has to be given
to the defendant to put her defence and contest the suit. No
prejudice will cause to the plaintiff. On the contrary, the suit will be
decided on merits. The plaintiff can be compensated with cost for
the delay to file the Written Statement. Hence, pass following
order:-
ORDER
1. The notice of motion is allowed on payment of cost of
Rs. 2,500/- (Two thousand five hundred only) to the
plaintiff.
2. On payment of above cost on or before next date,
prayer clause (a) and (b) of notice of motion is made
absolute.
(Smt. S.S. Nagur)
Judge,
City Civil Court,
Gr. Mumbai.
Dictated on : 29/10/2020.
Transcribed on : 23/11/2020.
Sign on : 23/11/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
25/11/2020 12.18 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
29/10/2020
Judgment/order signed by P.O on 23/11/2020
Judgment/order uploaded on 25/11/2020
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