Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 259/20
MHCC010006482020
IN THE CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 259 OF 2020
IN
SUMMARY SUIT NO. 268 OF 2017
Arjun Ramani HUF
Through its Karta and Manager
Arjun Ramani, Age years, of
Mumbai an adult Indian having his
address at West End Hotel, 45 New
Marine Lines, Mumbai 400 020. ...Plaintiff
VERSUS
1. National Laminate Corporation
a Partnership Firm carrying on
business at and from 209, Sangam
Arcade, Vallabbhai Road,
Vile Parle West, Mumbai 400056
2.Kanch Ghar
a Partnership Firm carrying on business
at and from Shop No. 1, Abhishek Bldg.,
Vallabbhai Road, Vile Parle (W),
Mumbai
3.Shantilal Ladhabhai Shah
4. Laljibhai Khirabhai Shah
5. Subhash Lalji Shah
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6. Forum Dhaval Shah
Age and full name not known,
All are of Mumbai, adult, Indian
Inhabitant, Partner of Kanchghar,
carrying on business at and from
Shop No. 1, Abhishek Bldg., Vallabbhai
Road, Vile Parle (W), Mumbai- 40056
And residing at 208 Sangam Arcade
2nd Floor, Opp. Rly. Sttioin,Vallabbhai
Road, Vile Parle West, Mumbai 400056
7. Jayantilal Nisar, Age and Full name not
known, of Mumbai, adult, Indian Inhabitant,
Partner of National Laminate Corporation at
and from 209 Sangam Arcade, 2nd Floor,
Opp. Rly. Station, Vallabbhai Road,
Vile Parle West, Mumbai 400 056. ...Defendants
Appearances: Ld. Advocate Mr. Ramesh Jain for the plaintiff
Ld. Advocate Ms. Pravina Kanani for the defendants
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R. NO. 28)
DATE : 23rd FEBRUARY, 2021
ORDER
Vide present notice of motion, the defendant requested to
condone the delay of about 142 days caused in filing reply to summons
for judgment. It appears that the plaintiff has given no objection to
allow the notice of motion subject to costs. Neither the defendants nor
their Advocate appeared to advance any arguments. The delay caused
is of 142 days, the reasons mentioned are that defendant No. 3 was not
keeping well and was admitted in ICU. As such, he could not give
instruction for preparing the reply as he was in coma. Defendant No. 7
was not aware about the present matter and as such delay has been
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caused. Considering the reason given in the notice of motion, the
submissions on behalf of the plaintiff in the nature of no objection
subject to costs, the quantum of delay, it is just and proper to allow the
the notice of motion subject to costs of Rs. 3000/-. Hence, order as
follows is passed:-
ORDER
1. Notice of Motion No. 259 of 2020 is allowed subject to cost as under.
2. Delay caused to the defendants to file reply to summons for judgment
is condoned and reply of the defendants be accepted on record, subject
to costs of Rs.3000/- (Rs. Three Thousand Only) to be paid to the
plaintiff by the defendants.
(Deepak L. Bhagwat)
Ad-hoc Judge,
City Civil Court, Mumbai
Date: 23.02.2021
Dictated on : 23.02.2021
Transcribed on : 24.02.2021
Date of sign : 24.02.2021
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4 NM 259/20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 24.02.2021 5.00 p.m.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri.D.L.Bhagwat
(C.R.NO.28)
Date of Pronouncement of
JUDGMENT /ORDER
23.02.2021
JUDGMENT /ORDER signed by P.O. on 24.02.2021
JUDGMENT /ORDER uploaded on 24.02.2021
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