Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.4643 OF 2019
IN
S.C.SUIT NO.1559 OF 2018
(CNR NO.MHCC01-012764-2019)
Krishnakant Gordhandas Shroff ... Plaintiff
Versus
1. Atul Punamchand Shah & Ors. ... Defendants
CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR
(COURT ROOM NO.9)
DATE : 20th FEBRUARY, 2020
Ld.Adv.Saroj Jadhav for plaintiff.
Ld.Adv.Jagtap for defendant nos.1, 3 and 4.
O R D E R
1. This notice of motion is taken out by defendant no.1 for
setting aside ex-parte and to permit defendant no.1 to file the written
statement in the suit.
2. Defendants have filed their affidavit in support of notice of
motion contending that defendants’ advocate appeared in the matter
and submitted that in second session he will not be available in the
Court. As 90 days were over from the service of writ of summons, Court
has passed No W.S. order against defendants. It is contended that
defendant no.1 being old age person due to sickness could not give
instructions to their advocate for preparing W.S., hence delay of 128
days is caused in filing their written statement. It is contended that it is
not intentional delay therefore, defendants have prayed to allow the
notice of motion.
3. Plaintiff has resisted the notice of motion by filing affidavit
of reply contending that defendants have not produced any document
about their illness or sickness, hence defendants have not given proper
reason for condonation of delay.
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4. Heard advocate Mr.Jagtap for defendants and plaintiff’s
advocate Mrs.Jadhav. Actually even though no ex-parte is passed,
defendants have prayed to set aside said order, even though their
advocate has appeared in the matter. Any how, it may be typed mistake
it may be considered that defendants are intending to get set aside No
W.S. order passed against them. As this Court is specially established
for senior citizens it can be considered parties to the suit are senior
citizens and it is but natural that senior citizens in old age may suffer
from sickness or some kind of illness. However, admitted delay of 329
days is much delay and therefore, defendants can be directed to bear
some costs for setting aside No W.S. order passed against them and they
can be permitted to contest the suit by raising their defence by filing
written statement. Hence, considering old age of defendants, I find that
they have given reasonable ground for setting aside No W.S. order and
for condonation of delay caused in filing their written statement.
Hence, I proceed to pass following order.
O R D E R
1. Notice of Motion No.4643 of 2019 is made absolute and no
written statement order passed against defendants stands set
aside subject to cost of Rs.3290/- to be paid to plaintiff.
2. Written statement of defendants will be accepted after they will
pay cost amount to plaintiff.
Sd/-
(K.P.NANDEDKAR)
20/02/2020 JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 20/02/2020
Transcribed on : 12/03/2020
Signed by HHJ on : 13/03/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
16/03/2020 03.15 PM B.R.HATEKAR (S.G.)
Name of the Judge HHJ Shri K.P.NANDEDKAR(CR No.9)
Date of Pronouncement of Judgment/Order. 20/02/2020
Judgment/order signed by P.O on 13/03/2020
Judgment/order uploaded on 16/03/2020
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