Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4718-19 in Suit no.1008-16
1 Date :09.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4718 OF 2019
IN
SUIT NO. 1008 OF 2016
(CNR NO.MHCC01 0129132019 )
Shri. Ajit S. Kangutkar & Ors. .. Plaintiffs
Versus
Bhandup Estate & Ors. .. Defendants
Appearances :
Adv.Priyank Shukla for plaintiff.
Adv.Mr.Anirban Sen i/b Hariani and Co. for defendant no.1.
Adv.Vivek Kakade for defendant no.2.
Adv.Rohan Pawar for defendant no.3.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 07
Date : 09.01.2020
ORDER
1. The defendant no. 3 has filed instant Notice of Motion for
condonation of 308 days delay in filing Written Statement.
2. It is contended by the defendant no. 3 that they have
received suit summons on 03.12.2018 and accordingly, they have
appeared through their advocate on 07.12.2018. It is contended by
the defendant no. 3 that initially they were busy in carrying out
redevelopment under S.R.A. Scheme for one Mahakaleshware CHS
SRA Ltd.
3. The defendant wanted to analyze the veracity of the fact of
the plaint. Due to certain internal management issues between the
-- 1 of 4 --
NM 4718-19 in Suit no.1008-16
2 Date :09.01.2020
defendant nos. 2 and 3, meetings could not be held between
defendant no. 2 and 3. Therefore, defendant no. 3 could not be
able to take joint decision in their best interest.
4. It is further contended by the defendant no. 3 that on
03.04.2019 they have appeared during hearing of Notice of
Motion. The advocate for defendant no. 3 required to take
instructions from the defendant no. 2. However, till 04.07.2019
they were unable to give proper instructions to their advocate for
preparing Written Statement. On 04.07.2019, they have affirmed
their Written Statement for filing the same in the Court. However,
on 04.07.2019 due to heavy rain, their advocate could not reached
in time. Therefore, matter was adjourned to 07.08.2019.
However, on 07.08.2019, the Court was vacant, therefore, Written
Statement could not be filed. Accordingly, the matter was posted
on 24.09.2019, but inadvertently, the advocate of defendant no. 3
recorded wrong date as 25.09.2019 instead of 24.09.2019. On
25.09.2019 when the advocate for defendant no. 3 appeared, she
came to know about the aforesaid fact. Thus, in the
circumstances, there is a delay of 308 days which was
unintentionally and beyond control of defendant no. 3. The
defendant no. 3 contended that they may be permitted to filed
their Written Statement, otherwise great prejudice would caused
to the them. Hence, defendant no. 3 prayed for allowing the
present Notice of Motion.
-- 2 of 4 --
NM 4718-19 in Suit no.1008-16
3 Date :09.01.2020
5. Per contra plaintiff opposed Notice of Motion by filing say on
the ground that there is no reasonable and sufficient cause has
been assigned by the defendant to condone the delay.
6. Heard both the sides. Perused Notice of Motion and reply.
During course of argument, the advocate of plaintiff fairly
conceded that delay can be condoned by imposing heavy cost.
Therefore, accepting the aforesaid statement, in my view, the
delay of 308 days in filing Written Statement can be condoned
otherwise suit will remain undefended by the defendant no. 3.
Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No.4718 of 2019 is made absolute in terms
of prayer clause (a) and (b) subject to payment of cost
Rs.10,000/ to the plaintiff.
2. Upon payment of above cost written statement taken on
record.
3. Notice of motion No.4718 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 09.01.2020 Greater Bombay.
Dictated on : 09.01.2020
Typed on : 09.01.2020
Draft Submitted on : 09.01.2020
Checked on : 15.01.2020
Signed on : 15.01.2020
-- 3 of 4 --
NM 4718-19 in Suit no.1008-16
4 Date :09.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/01/2020 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
09/01/2020
JUDGMENT/ORDER signed by P.O.
on
15/01/2020
JUDGMENT/ORDER uploaded on 15/01/2020
-- 4 of 4 --