Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch.Sum. No.80/2019 in Sum. Suit No.466/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 80 OF 2019
CNR NO.: MHCC010004842019
IN
SUMMONS FOR JUDGMENT NO.284 OF 2018
IN
SUMMARY SUIT NO. 466 OF 2018
Monica Mohan Motwani ]….Plaintiff
Versus
M/s. Ahuja Properties And Associates and others ]….Defendants.
Appearances:
Advocate Mr. Nawaz for the Plaintiff.
Advocate Manisha Karkar for the Defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 26th MARCH, 2019.
ORAL ORDER
1. Defendants have prayed to condone delay of 91 days in filing
reply to Summons for Judgment.
2. Defendants have stated that the dispatch clerk of their Office
handed over the Summons for Judgment with the copy of the Affidavit
in support to the Legal Department and the concerned Legal Executive
left the organisation without handing over it to the Legal Executive
appointed in his place. Defendants have further stated that the delay
was neither intentional nor deliberate.
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:2: Ch.Sum. No.80/2019 in Sum. Suit No.466/2018
3. Plaintiff has filed reply to this Chamber Summons an stated that
it is difficult to believe that the defendants own Legal Department could
be so disorganised that a proper handover of an outgoing employee
could not be done. Plaintiff has further stated that office of the
defendants failed to understand the importance of Summons for
Judgment and chose to sleep over it without forwarding it to its
Advocates to take necessary action. Plaintiff has stated that defendants
are habitual litigants. Plaintiff has stated that defendants have failed to
provide proper explanation for delay and prayed for rejection.
4. It appears according to defendants, their employee i.e. Executive
left the organization without handed over it to the Legal Department
Executive appointed in his place. It is probable that such incident
happened. The delay is of 91 days. Considering all the circumstances of
this case, it appears that delay is not intentional. But for the fault of
defendant, plaintiff should not be required to suffer. Hence, following
order :
ORDER
1. Chamber Summons No.80 of 2019 is allowed, subject to cost of
Rs.1500/ to given by defendants to plaintiff.
2. Chamber Summons No.80 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 26.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 26.03.2019
Transcribed on : 26.03.2019
Signed on : 26.03.2019
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:3: Ch.Sum. No.80/2019 in Sum. Suit No.466/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.03.2019 At 12:32 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
26.03.2019
Judgment/Order signed by P.O. on 26.03.2019
Judgment/Order uploaded on 30.03.2019
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