Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.4870/2019
MHCC010132862019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4870 OF 2019
(CNR NO.MHCC01-013286-2019)
IN
S. C. SUIT NO.2602 OF 2012
A. A. Nayak & Co. and another )...Plaintiffs
V/s
Jolyy Maker I Premises Co-op. )
Hsg. Society Ltd., and others )...Defendants
Appearances :-
Learned Advocate Omkar Kulkarni alongwith Advocate Ashutosh Gaykar
for plaintiffs.
Learned Advocate Shabnam Latiwala for defendant Nos.1 and 2.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15
DATE : 29/08/2023.
ORDER
1 This notice of motion is taken out by defendant Nos.1 and
2 for condonation of delay and permission to file written statement,
contending that the defendant No.1 is a Co-operative Housing Society
and defendant No.2 is the chairman and were having 185 members in
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the society, the members are having complaints against plaintiff,
therefore, they were required to collect this record which took time,
hence, delay is caused. They further submitted that one of their
employees was looking after the legal affairs, who left job without
intimation and due to miscommunication, delay of 40 days is caused
and prayed for condonation of delay.
2 Plaintiffs resisted the contention by filing reply contending
that the notice of motion is misconceived and defendant Nos.1 and 2
have not come with clean hands. They have denied that the defendant
Nos.1 and 2 have good reason for delay and it is their contention that
no proper reason is mentioned and prayed for dismissal of notice of
motion. Defendant Nos.1 and 2 filed affidavit in rejoinder to reply filed
by plaintiff, denying the contention of plaintiffs.
3 Heard rival parties at length.
4 It appears from the record that the defendant Nos.1 and 2
were granted unconditional leave to defend on 07/10/2019, thereafter,
suit was posted on 21/12/2019 and defendant Nos.1 and 2 have taken
out notice of motion by praecipe on 18/12/2019. To me, once the
matter is posted beyond the period of 30 days, the Court is intended to
accept the written statement beyond the period of 30 days. However,
defendants have filed their written statement by taking praecipe,
assigning the reason mentioned in the notice of motion. The defendant
No.1 being Co-operative Society, depends on its employees, therefore, I
am of the view that the reasons mentioned are just and proper and
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delay deserves to be condoned. Consequently, I proceed to pass the
following order :-
ORDER
1. Notice of motion No.4870/2019 in S. C. Suit
No.2602/2012, is hereby allowed.
2. Delay stands condoned.
3. Written statement already filed be exhibited.
4. Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 29/08/2023 C.R. No.15
Dictated on : 29/08/2023
Transcribed on : 29/08/2023
Signed by HHJ on : 30/08/2023
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“Certified to be true and correct copy of the original signed order”.
31/08/2023
at about 11.25 a.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 29/08/2023
Order signed by Hon'ble Judge on : 30/08/2023
Order uploaded on : 31/08/2023
at about 11.25 a.m.
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