Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2690 of 2019
in Suit No. 110 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.2690 OF 2019
IN
SUMMONS FOR JUDGMENT NO.110 OF 2019
IN
SUMMARY SUIT NO.131 OF 2019.
Paridhi Ohitkumar Shah @ Paridhi Amritlal Jain ... Plaintiff
V/s.
Plastomech Industries & Ors. ... defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R.NO.59).
DATE : 29.01.2020
Ms. Ruchi Dhoka, Advocate for plaintiff.
Ms. Seema Hunnurkar, Advocate for defendants.
: ORDER :
This is a notice of motion taken out by the defendants for
condonation of delay for filing reply/leave to defend to the summons
for Judgment. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendants that he was served with the
Summons for Judgment on 13.02.2019. It is contended by the
defendants that during the period, he was traveling for his business
purpose from time to time and, therefore, he could not visit his
-- 1 of 3 --
2 N/M No. 2690 of 2018
in Suit No. 110 of 2018
advocate for giving instructions in the matter. Therefore, 30 days delay
is caused for filing reply to the Summons for Judgment.
4. Considering the submissions made by the advocates of the
plaintiff and the defendants this Court holds that the defendants was
unable to file his reply/leave to defend to the Summons for Judgment
within stipulated time as he was traveling for his business purpose from
time to time and, therefore, he could not visit his advocate for giving
instructions in the matter. The reason given by the defendants for delay
is satisfactory. The delay caused for filing reply to the Summons for
Judgment is not deliberate.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendants to file reply/leave to defend to the Summons for Judgment.
Hence, the order. :
ORDER
1. The Notice of Motion no.2690 of 2019 is allowed, subject to
costs of Rs.1000/ to be paid by defendants to the plaintiff, on
or before next date.
2. The defendants is granted permission to put his reply/leave to
defend to the Summons for Judgment in the interest of
justice.
3. The Notice of Motion No.2690 of 2019 is disposed of.
(S.G.Shaikh)
Judge,
Date : 29.01.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 29.01.2020.
Signed on : 29.01.2020.
-- 2 of 3 --
3 N/M No. 2690 of 2018
in Suit No. 110 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
29.01.2020 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 29.01.2020
Order signed by P.O. on 29.01.2020
Order uploaded on 29.01.2020
-- 3 of 3 --