Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4967 OF 2019
IN
S.C.SUIT NO.2091 OF 2019
Syndicate Bank ... Plaintiff
V/s
M/s.KTN Tours and Travesl
through its Proprietor,
Shri.Veerappan Devendra ... Defendant
APPEARANCE:
Advocate Rajan Pillai for plaintiff.
Advocate Vipul Shukla for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 17th January, 2020
ORDER
Perused Notice of Motion @ Affidavit in Reply.
Heard Ld. Counsel for plaintiff and defendant.
It is submitted by the defendant that the present suit was filed by
plaintiff against him for recovery of amount of Rs.2,57,192.36/. It is
further submitted that the writ of summons is executed to the defendant
on 18.11.2019 and thereafter, time to file written statement on record
was expired on 17.11.2019. It is further submitted by the defendant
that there is a delay of 23 days, defendant raised the ground that after
service of writ of summons he made inquiry for necessary papers in
respect of subject transaction and it took time to find out said papers
and thereafter, he approached his advocate and give instructions to
prepare written statement and therefore, delay has been caused. It is
further submitted that delay is not intentional and deliberate.
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Defendant have good case if his right to contest the suit is deprived then
he sustained irreparable loss. Lastly, it is prayed that delay of 23 days
for filing written statement may kindly be condoned and defendant may
be permitted to file written statement.
Plaintiff opposed application by filing written reply and strongly
objected notice of motion of the defendant.
I have heard Ld Counsel for defendant. Perused record. The
present suit filed by plaintiff against defendant for recovery of amount
and accordingly writ of summons was served upon defendant on
18.10.2019. As per O.VIII R.1 of CPC defendant shall file written
statement within 30 days provided that if defendant failed to tender
written statement within 30 days time can be extended upto 90 days.
Admittedly, defendant failed to tender written statement within
stipulated time as contemplated under O.VIII R.1 of C.P.C. However,
defendant raised ground that after execution of summons he made
inquiry for necessary papers in respect of dispute in between plaintiff
and defendant and he took time to find out said papers and 23 days
delay has been caused to file written statement. According to my
opinion the delay to file written statement was not long and huge
present suit filed by plaintiff in the year 2019 and only 23 days delay
has been caused and defendant properly explained the delay.
Therefore, I come to conclusion that opportunity be given to the
defendant to contest the suit and if permission is granted to the
defendant to file written statement. No prejudice would be cause to the
case of plaintiff. Moreover, it is useful to court also to deciding the suit
on merit. Considering the above said reason I proceed to pass following
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order
ORDER
Notice of motion is made absolute in terms of prayer clause (a) and (b).
Date:17/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 17/01/2020
Typed on : 17/01/2020
H.H.J.Signed on : 17/01/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.01.2020 at 4.35 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
17.01.2020
JUDGMENT/ORDER signed by P.O. on 17.01.2020
JUDGMENT/ORDER uploaded on 17.01.2020
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