Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.4251/2019 ..1.. Suit No.295/2019
CNR No.MHCC010116392019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
NOTICE OF MOTION NO.4251 OF 2019
IN
SUIT NO.295 OF 2019
Mr. Ashok Kumar Ramjas Kanojia and Another .. Plaintiffs
Versus
Shri Manoj Kumar Shrama and Another .. Defendants
Mr. Amit Choda, advocate for plaintiffs
Ms. Namrata Kadam, advocate for defendant No.2
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 18th November, 2019
ORAL ORDER
Notice of motion is taken out by defendant No.2 for condoning
delay caused in filing written statement and to take the same on record.
2. It is the contention of defendant No.2 that due to unavoidable
circumstances he is unable to file written statement within stipulated
period. It is further contended that delay caused is not intentional and
deliberate. In case, this defendant is permitted to file written statement
on record then no prejudice would be caused to plaintiffs. Accordingly,
he made prayers in above terms.
3. Plaintiffs opposed notice of motion on the count that defendant
No.2 has not properly explained the circumstances which prevented him
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from filing written statement within time. Accordingly they opposed
notice of motion and prayed for dismissal of the same.
4. Perused notice of motion, affidavit in support of it and reply of
plaintiffs. Heard respective counsel for parties.
5. It is a settled law that Order VIII Rule 1 of CPC is not mandatory
and in specific circumstances written statement can be accepted with
reasons. It is also held that in an adversarial system, no party should be
denied an opportunity in participation of the justice dispensation system
(Salem Bar Association V/s Union of India 2003 AIR SCC 189 and
Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position,
now, I consider notice of motion.
6. No doubt, there is latches on the part of defendant No.2 in
taking out present notice of motion. But, he has annexed written
statement to the notice of motion which indicate bonafide on his part
and that he does not want to protract the matter. In the interest of
justice and equity it is unjust to deprive defendant No.2 from contesting
the matter on merits. Therefore, I am inclined to allow notice of motion
by imposing certain costs upon him. Hence, I pass following order.
ORDER
1. Notice of Motion No.4251 of 2019 is allowed and made absolute
in terms of prayer clause (1) subject to payment of costs of Rs.3000/
(Rupees Three Thousand only) to plaintiffs within period of two weeks
from the date of this order.
Defendant No.2 is at liberty to deposit the costs payable to
plaintiffs in the Court.
2. On deposit of costs, written statement of defendant No.2 be
taken on record and marked exhibit.
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3. Accordingly, notice of motion is disposed off.
(M. T. Asim)
Judge
Date : 18.11.2019 Gr. Bombay
Typed on : 18.11.2019
HHJ signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20.11.2019, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
18.11.2019
JUDGMENT/ORDER signed by P.O.
on
19.11.2019
JUDGMENT/ORDER uploaded on 20.11.2019
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