Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4767-19 in L.C.Suit no.2387-19
1 Date :18.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4767 OF 2019IN
L.C. SUIT NO. 2387 OF 2019
(CNR MHCC010130642019 )
Sushila VasheshwarNath Rishi & Anr. .. Plaintiffs
Versus
Purva Cooperative Housing Society Ltd. & Ors. .. Defendants
Appearances :
Adv.Pradnyesh Sabnis a/w Mikhail Dey for plaintiff.
Adv.Mannadiar for defendant no.1 to 3.
Adv.Kavita Sharma i/b Ganesh and Company for defendant
no.4.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 18.01.2020
ORDER
1. The defendant no. 2 has filed instant Notice of Motion for
condonation of delay of 59 days in filing Written Statement on
record.
2. It is contended by the defendant no. 2 that he has been
served with papers and proceedings on or about 09.09.2020. He
has been called upon to appear in the Court on 19.09.2019.
Thereafter, matter was adjourned from time to time upto
18.01.2020. The defendant was ready with the affirmed copy of
Written Statement on 23.10.2019. However, the Written
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NM 4767-19 in L.C.Suit no.2387-19
2 Date :18.01.2020
Statement could not be placed on record due to oversight and
same was tendered on 10.12.2019 alongwith draft of Notice of
Motion, which was the 89th day after the service of papers and
proceedings from the date of summons.
3. The defendant contended that due to oversight of his
advocate, the Written Statement could not be tendered within 30
days but same is tendered within 90 days. It is further contended
that if the delay is not condoned and Written Statement is not
taken on record, the great prejudice would cause to him. Hence,
defendant prayed for allowing Notice of Motion.
4. The Notice of Motion is formally opposed by the plaintiff.
Heard both the sides. Perused Notice of Motion. It appears that
maximum time limit of 90 days as prescribed under Order 8 Rule 1
of Code of Civil Procedure in respect of filing of Written Statement
is not expired. The Written Statement of the defendant was
affirmed on 23.10.2019. Thus, looking to the aforesaid fact, I find
sufficient reasons assigned by the defendant no. 2 to condone the
delay. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No.4767 of 2019 is hereby allowed in terms
of prayer clause (a),(b) subject to the condition of payment
of cost of Rs. 500/ to plaintiff. After payment of aforesaid
cost, Written Statement be taken on record.
2. Defendant to bear their own cost.
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NM 4767-19 in L.C.Suit no.2387-19
3 Date :18.01.2020
3. Notice of Motion No. 4767 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 20.01.2020 Greater Bombay.
Dictated on : 20.01.2020
Typed on : 20.01.2020
Draft Submitted on : 20.01.2020
Checked on : 21.01.2020
Signed on : 21.01.2020
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NM 4767-19 in L.C.Suit no.2387-19
4 Date :18.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/01/2020 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
18/01/2020
JUDGMENT/ORDER signed by P.O.
on
21/01/2020
JUDGMENT/ORDER uploaded on 24/01/2020
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