Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE 11 in
Comm. Suit 32 of 2020
MHCC010115062019
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
ORDER BELOW EXHIBIT 11
IN
COMMERCIAL SUIT No.32 OF 2020
Atmaram Broking Company LLP …PLAINTIFF
VERSUS
Reena Tinaaz Pvt. Ltd. & Ors. …DEFENDANTS
Smt. Yojana Gandhi, learned advocate for plaintiff.
Shri. Omkar Kakad h/f adv. Maroof Khan, learned advocate for
defendants.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN
O R D E R
(Delivered on 12/04/2023)
This is an application filed by defendants for permission to
file additional written statement.
2] Plaintiff has filed say on overleaf of this application and
contended that this application is made at belated stage.
3] Heard learned counsel of both the parties. Learned counsel
of defendant made statement that this court has passed order in similar
matter on the point of maintainability of commercial dispute. However,
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2 OBE 11 in
Comm. Suit 32 of 2020
defendant has not specifically mentioned in this application the nature
of proposed additional written statement. Moreover, defendant has not
mentioned why he has not taken such defence in the written statement.
As per order VIII CPC applicable to the Commercial Courts Act
defendant as of right can file written statement within 30 days from the
date of service of suit summons and can be allowed to file written
statement on such other day for reasons to be recorded in writing and
on payment of costs but which shall not be 120 days from the date of
service of suit summons. On this ground also it is not desirable to allow
defendant to file additional written statement. There is no sufficient and
reasonable ground to allow defendant to file additional written
statement. Hence, following order passed.
ORDER
Application Exh.11 stands rejected.
Date : 12/04/2023. (N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32.
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3 OBE 11 in
Comm. Suit 32 of 2020
Direct dictated on : 12/04/2023
Checked on : 12/04/2023
Signed on : 12/04/2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13/04/2023 Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 12/04/2023
Order signed by P.O. on 12/04/2023
Order uploaded on 13/04/2023
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