Notice of Motion
Mr. Sanjay Kishore ChavanVsMCGM
CNR MHCC0400058420217-Assistant Sessions Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 28th January 2021
TrustJury record updated 05 Oct 2026
Case Overview
- Registration Number
- 165/2021
- Registration Date
- 25 Jan 2021
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 28-01-2021 Business: 28/01/2021 CORAM H.H. Ad Hoc Judge SHRI. M. I. LOKWANI (C. R.NO.7) 510/19 Adv. R. R. Tiwari for plff present. Adv. Chincholikar for BMC / deft present. Adv. for deft/MCGM tendered registered N/m. No. 165/21 along with affidavit. Order on N/m. No. 165/21- Perused N/m. filed by deft/MCGM along with affidavit. Perused reply of plff on 28.1.2021. Heard both side and gone through the record which disclose that corporation failed to file W/st within stipulated time. It also appears that deft/corporation is huge department and no. of matters are pending in several courts and therefore, it is heavily burden upon the advocates of legal department of the corporation. This fact cannot be overlook. If, deft/MCGM not allow to file W/st. by condoning the delay, then certainly deft/MCGM will not get opportunity to put their contentions before the court and the same will goes against the principle of natural justice. However, advocates of the corporation/MCGM directed to ovoid delay for filing W/st. in their concerned matters and to submit W/st within time. In present suit considering the circumstances and nature of the suit/notice, it is just and proper to grant permission to the deft to file W/st. by condoning the delay. The same will not prejudice to the rights of plff. On the contrary it will be helpful to decide the matter on merit. In view of above discussion N/m. deserves to be made absolute. Hence I proceed to pass the following order. 1. Notice of Motion No. 165/2021 is made absolute in terms of prayer clause (a) and (b). 2. Written statement be exhibited and supply its copy to the plaintiff. 3. No order as to cost. 4. Notice of Motion No. 165/2021 is disposed of accordingly. Nature Of Disposal: ALLOWED Disposal Date: 28-01-2021
Additional Case Details
Additional Case Details
Filing Number: 700/2021 Filing Date: 25-01-2021 First Hearing Date: 28th January 2021 Decision Date: 28th January 2021 Court Number And Judge: 7-Assistant Sessions Judge
Orders
1Final Order 128 Jan 2021
28 Jan 2021
Order Details: Order Pdf Text: Business : 28/01/2021 CORAM H.H. Ad Hoc Judge SHRI. M. I. LOKWANI (C. R.NO.7) 23/21 Plff present. Adv. Gaurav Shukla for plff present. Adv. Pradeep Patil for BMC / deft present. Exh. 5 Application for withdrawal of suit file by the plff. It is submitted that in present suit dispute is settled with the MCGM. Therefore, plaintiff do not want to proceed with the present suit and seeks permissible for withdrawal of the suit along with exh. 5 deed of surrender of tenancy right is annexed t.o.r. Adv of corporation has no objection for withdrawal of suit unconditionally. In view of aforesaid submission permission is granted to the plaintiff to withdraw the suit who has admitted the signature and contents of withdrawal application at exh. 5. His advocate identified the signature of the plaintiff. Hence, suit is disposed of in view of withdrawal application as per exh. 5. No order as to cost. Notice of Motion No. 33/2021 is disposed and dismissed in view of withdrawal of suit. Proceeding closed. Nature of Disposal : DISPOSED OF OTHERWISE Disposal Date : 28-01-2021 Assistant Sessions Judge -- 1 of 1 --
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