Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.4363-2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.4363 OF 2019
( CNR NO. MHCC01-012021-2019)
IN
L. C. SUIT NO. 2915 OF 2015
Mr. Harsha Sajnani …. Plaintiff.
V/s.
1. Mr. Ashok B. Kothari
(Secretary-Sea Face Co.Ho.Soc.and Ors. ....Defendants.
Appearances :
Adv. Amar Patil for defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. V. S. KHOT
(C.R.NO.06)
DATE : 15th January, 2025.
ORAL ORDER
1. The defendant No.4/Municipal Corporation has taken out
this notice of motion for condoning the delay and setting aside the No
WS order and permitting the defendant No.4 to file the written
statement on record.
2. The facts of the case can be stated as under:-
The plaintiff has filed this suit against the defendants. The
defendant No.4 is a Municipal Corporation and a statutory body and
public body. The defendant No.4 failed to file the written statement,
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therefore, the Court has passed No WS order. There is 4 years delay in
filing the written statement. The defendant No.4 prayed for setting
aside No WS order and condoning the delay in filing the written
statement and permitting the defendant No.4 to file the written
statement.
3. It is the contention of defendant No.4 that the defendant
No.4 is a, public body and vast organization with the heavy work load.
Due to heavy work load the defendant No.4 could not file the written
statement in time. Therefore, No WS order is out come. Now, the
defendant No.4 is ready to file the written statement for proper
adjudication. The written statement of the defendant No.4 should be on
record. No prejudice would be occasioned to other side if the notice of
motion is allowed. The defendant No.4 prayed for relief.
4. Say of the other side came to be invited. The plaintiff side
filed no say and remained absent from the long time. The plaintiff has
not filed say and five years have been elapsed. The matter is required to
be decided on merit, therefore, the matter is taken for passing the order.
5. In this case, the notice of motion taken out by the
defendant No.4 make it clear that the defendant No.4 could not file the
written statement subject to the reason assigned by the defendant No.4.
There is no say filed by the plaintiff. The Notice of motion is
uncontested and same can be allowed as it is not opposed. Moreover,
the written statement is required to be taken on record for proper
adjudication. On the basis of principle equal chance to both sides, the
defendant No.4 is entitled to have written statement on record. The
delay is required to be condoned and No WS order is to be set aside.
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The defendant No.4 may be allowed to file the written statement on
record. Hence, I am of the view that notice of motion is required to be
allowed and the written statement of defendant No.4 be taken on
record. Hence, I am inclined to pass following order.
ORDER
1. The Notice of motion No.4363 of 2019 stands allowed and is
hereby made absolute.
2. The No WS order is hereby set aside and delay in filing the
written statement stands condoned. The defendant No.4 is hereby
permitted to file the Written Statement and if it is already filed
then it be taken on record.
3. No order as to costs.
4. The Notice of Motion No.4363 of 2019 stands disposed of in
above mentioned terms.
(V. S. KHOT)
Judge,
City Civil Court,
Date: 15.01.2025 Gr. Bombay.
Dictated on : 15.01.2025
Transcribed on : 16.01.2025
Signed on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/01/2025 At 05.30 P.M. Mayuresh P. Tathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. V. S. KHOT
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
15.01.2025
Judgment/Order signed by P.O. on 15.01.2025
Judgment/Order uploaded on 17.01.2025
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