Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4730-2019 in SU 1719-2018
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.4730 OF 2019
(CNR No.MHCC01-012914-2019)
IN
SUIT NO.1719 OF 2018.
(CNR No.MHCC01-004076-2018)
Sumant Shankar Jedhe }...PLAINTIFF
Versus
Santosh Hanumant Jedhe & Ors. }...DEFENDANTS.
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Shri. Balasaheb Deshmukh, learned advocate for the plaintiff.
Smt.Tanvi Sangle, learned advocate for the defendant Nos.3 to 7.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.9)
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O R A L O R D E R
(Delivered on 23/03/2021)
1. By filing this Notice of Motion, defendant Nos.3 to 7 have
prayed to condone the delay of 240 days caused in filing their Written
Statement.
2. Read the affidavit filed in support of Notice of Motion and
reply filed by the plaintiff. Heard learned Smt.Tanvi Sangle advocate for
defendant Nos.3 to 7 and learned Shri.Balasaheb Deshmukh advocate
for plaintiff. Perused the entire record.
3. It does not appear to be in dispute that defendant Nos.3 to 7
are served with Writ of Summons on 04/03/2019. This Notice of
Motion is taken out on 22/10/2019. Apparently, there is a delay of 240
days in filing the Written Statement by defendant Nos.3 to 7. Reply to
this Notice of Motion is filed on behalf of the plaintiff but contents
thereof show that plaintiff has dealt with the Notice of Motion taken out
by defendants under Order 7 Rule 11 of Civil Procedure Code and 9(A)
of Civil Procedure Code.
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2 NM 4730-2019 in SU 1719-2018
4. May that it be so, in the course of his oral argument
learned advocate for the plaintiff submitted that sufficient cause is not
shown and supporting documents are not produced to show that
defendant Nos.3 & 4 were suffering from ailments due to which, Notice
of Motion is liable to be dismissed. Learned advocate for the plaintiff
alternatively submitted that heavy cost may be imposed on the
defendants if the court is inclined to allow the Notice of Motion.
5. It is true that defendant Nos.3 to 7 have not produced any
document in support of the contention raised in the affidavit filed in
support of Notice of Motion about the alleged ailment of plaintiff Nos.3
& 4 however, it does not appear that the delay caused in filing Written
Statement by defendant Nos.3 to 7 is intentional. Considering it and
considering the alternate argument of learned advocate for the plaintiff
so also, in order to give fair opportunity to defendant Nos. 3 to 7 to
contest the suit on merits, this court is of the opinion that it would be in
the interest of justice to allow the Notice of Motion by imposing certain
costs. Thus, an order.
O R D E R
Notice of Motion No.4730 of 2019 is allowed subject to
cost of Rs.5,000/-.
Defendant Nos. 3 to 7 shall pay the amount of costs as
mentioned above to the plaintiff within four weeks from today.
Date : 23/03/2021. (P.P.RAJVAIDYA)
Dictated on : 23/03/2021. Judge, C.R.No.9,
Checked on : 26/03/2021. City Civil Court,
Signed on : 26/03/2021. Mumbai.
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3 NM 4730-2019 in SU 1719-2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
30.03.2021 at 12.10 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.09)
Date of pronouncement of Order 23/03/2021.
Order signed by P.O. on 26/03/2021.
Order uploaded on 30/03/2021.
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