Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4185 OF 2019
(CNR NO.MHCC01-0011465-2019)
IN
LONG CAUSE SUIT NO. 1114 OF 2012
Zainab Bi Adbul Karim Shaikh ... Plaintiff
V/s.
The Municipal Corporation
of Gr. Bombay. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 17/07/2023
Adv. Nilu Mishra for the plaintiff.
Adv. Ms. Deepali Patil for the defendants/BMC.
ORAL ORDER
1. This Notice of Motion is taken out by the defendants/BMC
for setting aside no written statement order with liberty to file written
statement by condonation of delay.
2. Read notice of motion and reply filed by the plaintiff. Heard
both the sides.
3. This is a suit for declaration and injunction. As per order
passed by my learned Predecessor dated 27.02.2018, defendant was
permitted to file written statement on record. But defendant fails to file
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2 N/M No.4185/2019
written statement. Hence, no written statement order was passed
against defendant on 05.06.2018 and suit proceed further. Thereafter
on 12.11.2019 defendant filed present notice of motion for setting aside
no written statement order. Defendant/BMC is corporate body and vast
organization. Grounds mentioned in the affidavit of notice of motion
found to be just and reasonable one. Apart from this, if defendant is
permitted to file written statement, suit will be decided on merit. It is
settled principle of law that equal opportunity should be given to both
parties. Therefore, it is just and equitable in the eye of law to allow
defendant/BMC to file written statement on record by setting aside no
written statement order. Hence, from above discussions, I proceed to
pass following order.
ORDER
1. The Notice of Motion No.4185/2019 is made absolute
in terms of prayer clause (a) and (b).
2. Both the parties to take note of this order.
3. Cost in cause.
4. Notice of Motion No.4185/2019 is disposed off accordingly.
(R. B. Parvekar)
Date-17/07/2023 Ad-hoc Judge,City Civil Court,
Gr. Bombay .
Dictated on : 17/07/2023
Typed on : 18/07/2023
Signed on :
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3 N/M No.4185/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/07/2023 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
17/07/2023
JUDGMENT/ORDER signed by
P.O.on
18/07/2023
JUDGMENT/ORDER uploaded on 18/07/2023
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