Full Order Text
Final Order 1 · 24 Apr 2019 · CNR MHCC010006492018
Order Details: Notice of Motion Pdf Text: :1: N.M. No.176/2018 in Sum. Suit No.1468/2017 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 176 OF 2018 CNR NO.:MHCC010006492018 IN SUMMARY SUIT NO. 1468 OF 2017 Prakash Nagardas & Bros. and another ...Plaintiffs Versus Burhani Steels and others ...Defendants. Appearances: Advocate Mr. Surve for the plaintiff. Advocate P.M. Bhatt for defendant Nos. 2 to 4. Advocate Mr. Suraj Almeda for defendant No.5. CORAM : HER HONOUR JUDGE S.P. AGARWAL (C.R.NO.28) DATED : 24th APRIL, 2019. ORAL ORDER 1. This is an application filed by defendant to condone delay in filing appearance. 2. Defendant has stated that the Director of defendant No.5 was not in town and was travelling on holiday/vacation with his family and returned back on 6th January 2018. Defendant has further stated that he had kept the Plaint for approval from them to appoint an Advocate to represent them in the case, but did not realise that the Vakalatnama has to be filed within 10 days from the receipt of the summons. He has further stated that defendant No.5 is having a good case on merits if -- 1 of 3 -- :2: N.M. No.176/2018 in Sum. Suit No.1468/2017 delay is not condoned, he will suffer irreparable loss and prayed to condone delay. 3. It appears that plaintiff has not denied the reasons stated by defendant for condonation of delay. Hence, considering the fact that defendant is the Company and in the circumstances of this case, it will be proper to condone delay and allow defendant to appear in the suit. Hence, the order : O R D E R 1. Notice of Motion No.176 of 2018 is allowed. 2. Notice of Motion No.176 of 2018 stands disposed of. (S.P. AGARWAL) Judge, Date: 24.04.2019. City Civil Court, Gr. Bombay. Dictated on : 24.04.2019 Transcribed on : 24.04.2019 Signed on : 24.04.2019 -- 2 of 3 -- :3: N.M. No.176/2018 in Sum. Suit No.1468/2017 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 25.04.2019 At 4:50 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 24.04.2019 Judgment/Order signed by P.O. on 24.04.2019 Judgment/Order uploaded on 25.04.2019 -- 3 of 3 --