Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No. 259/2019 in Sum. Suit No.552/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 259 OF 2019
CNR NO.: MHCC010006652019
IN
SUMMARY SUIT NO. 552 OF 2018
Ashok Vissanji, ]
Partner : Panel Source LLP ]...Plaintiff.
V/s.
Pawan Jain,
Proprietor : Jain Plywood House ]....Defendant.
Appearances:
Advocate Mr. Yadav for the plaintiff.
Advocate Mr. Thakur for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 7th FEBRUARY, 2019.
ORAL ORDER
1. Defendant has stated that after service of writ of summons in the
above matter he was in touch with the plaintiff, as the plaintiff has
charged exorbitant rate then what it is to be actually charged and even
the plaintiff has promised and assured that the above issue will be
settled and the present suit will be withdrawn and the plaintiff will not
proceed further against him. Defendant has further stated that he was
surprised to learn that the matter has proceeded exparte against him.
He has further stated that he is having a good case on merits and as
such he wanted to contest the suit. With this Notice of Motion he has
produced copy of Email.
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:2: N.M. No. 259/2019 in Sum. Suit No.552/2018
2. Plaintiff has filed reply to this Notice of Motion and stated that
defendant after receiving the Writ of summons had contacted and was
trying to negotiate the full and final amount which need not be the
amount claimed in the Writ of summons. Plaintiff has further stated
that defendant had taken the material in 2016 and until 2018 he has
used profits from the money earned from the plaintiff. Plaintiff has
further stated that the settlement is only excuse and the defendant has
no intentions to make payment of goods.
3. From the circumstances that after service of Writ of summons
defendant was trying to negotiate and settle the matter, it is probable
that he failed to file appearance not intentionally. But for such long
delay to appear plaintiff should not suffer. Hence, present Notice of
Motion can be allowed subject to compensatory cost to be given by
defendant to plaintiff. Hence, following order :
ORDER
1. Notice of Motion No.259/2019 is allowed, subject to cost of
Rs.2,000/ to be given by defendant to plaintiff.
2. Notice of Motion No.259/2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 07.02.2019. City Civil Court,
Gr. Bombay.
Dictated on : 07.02.2019
Transcribed on : 07.02.2019
Signed on : 07.02.2019
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:3: N.M. No. 259/2019 in Sum. Suit No.552/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.02.2019 At 5:53 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.09)
Date of pronouncement of
Judgment/Order
07.02.2019
Judgment/Order signed by P.O. on 07.02.2019
Judgment/Order uploaded on 11.02.2019
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