Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4869 OF 2019
IN
COMMERCIAL SUIT NO.77 OF 2019
SWAL Corporation Limited .... Plaintiff
V/s
1. Vasundhara Fertilizers and Seeds Pvt.Ltd. .....Defendants
2. Mr.Pundlik Ramchandra Jadhav.
APPEARANCE:
Advocate Mr.Mihir Shah for plaintiff.
Advocate Mr.R.P.Singh for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 3rd January, 2020
ORDER
Defendants taken out Notice of Motion. I have perused contents
of Notice of Motion @ affidavit. I have heard Ld. Counsel for defendant
Mr.R.P. Singh and Advocate for plaintiff Mr.Mihir Shah.
2. It is submitted by the defendants that plaintiff has filed suit
against defendant for recovery of amount. It is submitted by the
defendant that the defendants have executed writ of summons on
07.10.2019 and inresponse of writ of summons they are appeared
before the court on 21.11.2019. However, defendant have failed to
tender written statement within a stipulated time and 70 days delay has
been caused for filing written statement. It is further submitted that
there were talk of settlement in between the parties and matter is likely
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to be settled between the parties. However, plaintiff refused to settle the
matter and in the meantime period of filling written statement was
expired. It is further submitted by the defendant that the said delay is
not deliberate. It is further submitted by the defendant that the
defendant have very good case on merit if the suit is proceeded without
written statement then defendant suffer loss. Lastly, it is submitted that
delay has been condoned and defendant may be permitted to tender
written statement.
3. Say of other side is called plaintiff has opposed application by
filing written say. It is contended by the plaintiff that he has objection
to allow Notice of Motion. However, he leave it to the discretion of
court to decide the application on merit.
4. After hearing Ld. Counsel for plaintiff, I drew my attention
towards record. As per record the defendants have executed by way of
writ of summons on 07.10.2019 and they are appeared before the court
on 21.11.2019. As per O.VIII R.1 of C.P.C. the defendant has to tender
written statement within 30 days after execution of writ of summons.
Admittedly, the defendant has failed to tender written statement within
30 days. Furthermore, as per proviso O.VIII R.1 of C.P.C. it was upon
defendant to tender written statement upto 90 days. As per the record
the defendant taken out Notice of Motion on 18.12.2019, it means the
defendant has tendered Notice of Motion after 70 days. Defendant
raised ground that there is talk of settlement in between plaintiff and
defendant is going on. The ground which is raised by defendant in the
Notice of Motion is not seriously challenged by the plaintiff. Moreover,
plaintiff has leave it to the discretion of this court. Therefore, I have
considered the facts under the frame of O.VIII R.1 of C.P.C. Admittedly,
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the defendant had tendered Notice of Motion and written statement
within 70 days. Under such circumstances, in the interest of justice I
am of the opinion that opportunity be given to the defendant to contest
the suit on merit. Hence, I proceed to pass following order.
ORDER
1) Notice of Motion No.4869 of 2019 is made absolute in terms of
prayer clause (a) and (b).
2) Defendants are permitted to tender written statement.
Date:03/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 03/01/2020
Typed on :03/01/2020
H.H.J.Signed on :03/01/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03/01/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
03/01/2020
JUDGMENT/ORDER signed by P.O. on 03/01/2020
JUDGMENT/ORDER uploaded on 03/01/2020
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