Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 121/20 SUM.SUIT 69/2019 1
IN THE CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.121 OF 2020
IN
SUMMARY SUIT NO. 69 of 2019
(CNR.NO.MHCC010003102020)
Modern Machinery Manufacturing
Co. & Ors. ...Applicants/Org.Defts.
In the Matter of :
M/s.Bhumi Impex ...Plaintiff
Versus
Modern Machinery Manufacturing
Co. & Ors. ...Defendants
Appearances:
Advocate Mr. M.K.Tanna for the Plaintiff.
Advocate Mr. Attani for the Defendants.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 20TH JANUARY 2020
J U D G M E N T
1. By this Notice of Motion defendants requested to condone the
delay caused in filing reply to the Summons For Judgment and accept
the reply on record. The plaintiff resisted the Notice of Motion. Heard
Ld Advocates on behalf of both the parties.
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NM 121/20 SUM.SUIT 69/2019 2
2. The Affidavit in support of Notice of Motion reveals that the
defendant No.3 has been looking after the present matter and providing
instructions to the advocate. However, in the month of October he was
suffering from viral fever and as such could not pursue the matter. The
copy of medical certificate annexed with the affidavit also reveals that
defendant No.3 was ill in between 10th to 25th October. It also appears
that there were settlement talks in process between the parties. These
reasons are sufficient to condone the delay. The other side may be
compensated by payment of cost. In this background, the Notice of
Motion deserves to be allowed subject to cost. Hence order as follows is
passed:
ORDER
1. The Notice of Motion No.121 of 2020 is allowed as under.
2. Delay caused to the defendants to file the reply to Summons for
Judgment is condoned and the reply filed on record on behalf of the
defendants to the Summons for Judgment be taken on record subject to
cost of Rs.2000/ (Two Thousand only) to be paid to the plaintiff.
3. The Notice of Motion No.121 of 2020 is disposed accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 20/01/2020 City Civil Court,Gr. Mumbai
Dictated on : 20/01/2020
Transcribed on : 22/01/2020
Signed on : 22/01/2020
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NM 121/20 SUM.SUIT 69/2019 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/01/2020 at 2.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 20/01/2020
Judgment/Order signed by P.O. on 22/01/2020
Judgment/Order uploaded on 24/01/2020
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