Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010130812019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4797 OF 2019
IN
LONG CAUSE SUIT NO.2736 OF 2017
M/s. Autobahn Enterprises Pvt. Ltd. ... Plaintiff
V/s.
Designated OfficerI, II, III & IV ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 01/09/2021
Adv. Mr. Kishor Salunkhe for the plaintiffs.
Adv. Ms. Deepali Patil for the defendants.
ORAL ORDER
1. This Notice of Motion is taken out by the Municipal
Corporation /defendant to set aside without written statement order
and permission to file written statement.
2. The plaintiffs have filed their say on the said application.
3. Perused the application and say. Heard the learned
Advocates for the parties at the length.
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2 N/M No.4797/2019
4. It is contended by the defendant that it was unable to file
its written statement in time due to heavy work load being a public
body. Therefore , delay was caused for filing written statement.
5. The defendants intend to file their written statement by
getting set aside no Written Statement order passed against it. The
question is whether these defendants should be allowed to file their
written statement at this stage.
6. The procedure as to limit for filing written statement and
consequences of not filing the same are given in Order 8 of Civil
Procedure Code. Order 8 Rule 10 of the C.P.C., has laid down a
procedure about passing of a decree in favour of the plaintiffs, if
defendants fail to file his written statement. This discretion is not
exercised by the court in favour of the plaintiffs for the reason of failure
of defendants to file their written statement.
7. In this background, if the defendants are allowed to file
their written statement by setting aside no written statement order
passed against him, it will not cause any prejudice to either plaintiffs or
to the overall hearing of this suit. If these defendants is allowed to file
written statement and if the suit decreed in favour of the plaintiffs, it
would be a decree on merit. On the other hand, if the defendants are
not allowed to file their written statement, it would result into a decree
which would be technically exparte decree. Therefore, this court is of
the opinion that evidence of the plaintiff has not commenced and
therefore, defendants should be allowed to file their written statement
in order to enable this court to decide the suit on merit.
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3 N/M No.4797/2019
8. There is one more reasonable important point that the
written statement is filed after the period of 90 days of the service of
summons/notice. The written statement along with this application is
being filed after the period of 90 days. However, this court is of the
opinion that for the stated reasons the defendants are to be allowed to
file their written statement. Filing of written statement by this
defendants beyond the prescribed period of time framed has not caused
any serious prejudice to the plaintiff. Hence, the order.
ORDER
1] The Notice of Motion No.4797/2019 is allowed.
2] No written statement order passed against the defendants
is set aside and defendants are granted permission to file
their written statement in the interest of justice .
3] The Notice of Motion No.4797/2019 is disposed off.
(Smt. S.G.Shaikh)
Date 01/09/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 01/09/2021
Typed on : 01/09/2021
Signed on :
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4 N/M No.4797/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/09/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
01/09/2021
JUDGMENT/ORDER signed by
P.O.on
01/09/2021
JUDGMENT/ORDER uploaded on 06/09/2021
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