Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 46/18 in Su 3277/14 1/2 Date : 16.1.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.46/2018
IN
SUIT NO.3277/2014
Selvel Publicity & Consultants Pvt. Ltd. ]... Plaintiff
V/s.
Sambhavtirth Cooperative Housing Society & Ors. ]… Defendants
Adv. Kiran Jain for plaintiff.
Adv. Bhavsar with Adv. Rajput for defendant no.1.
Adv. Devmani Shukla for defendant no.4 &5.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 16.1.2018
ORDER
(Dictated in open court)
1. This notice of motion is moved by defendants no.4 & 5 for setting
aside the order dated 21.11.2017 and for permission to file written
statement.
2. Heard Ld. Counsel for the parties.
3. It is stated in the affidavit filed in support of the motion that
defendants were allowed to file written statement by order dated
12.6.2017. However, said order could not be complied as there was mis
communication between the defendants and their Advocate.
4. A perusal of the Roznama shows that on 12.6.2017, the Advocate
for plaintiff had given no objection for grant of time to the defendants
no.1, 4 & 5 for filing written statement. Thereafter, on 21.8.2017
written statement was not filed and on 21.11.2017, the matter was
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N/M 46/18 in Su 3277/14 2/2 Date : 16.1.2018
directed to proceed without written statement of defendants no.4 & 5.
5. In the facts and circumstances, I find that the defendants no.4 & 5
can be granted one more opportunity to contest the suit on merits by
filing written statement. Hence, following order.
ORDER
1. Notice of motion no.46/2018 is made absolute in terms
of prayer clauses (A), (B) and (C) subject to payment of
cost of Rs.3,000/ to the Library of City Civil Court, Bar
Association.
2. If the cost is paid, written statement be taken on record.
3. Notice of motion is disposed of.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 16.1.2018 Gr. Bombay.
Dictated on : 16.1.2018
Typed on : 19.1.2018
Signed on : 19.1.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.1.2018 at 5.35 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
16.1.2018
JUDGMENT/ORDER signed by
P.O. on
19.1.2018
JUDGMENT/ORDER uploaded
on
19.1.2018
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