Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 320-2020 in SU-1291-19
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.320 OF 2020
(CNR No.MHCC01-000804-2020)
IN
SUIT NO.1291 OF 2019.
(CNR No.MHCC01-003349-2019)
Zulfikar Tasadduk Ratlamwala }...PLAINTIFF.
Versus
Care Clean Cosmoceuticals Private Limited }...DEFENDANTS.
------------------------------------------------------------------------------------------------
Shri.Tripathi, learned advocate for the plaintiff.
Smt. Reena, learned advocate for defendant No.4.
-----------------------------------------------------------------------------------------------
CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62)
-----------------------------------------------------------------------------------------
O R A L O R D E R
(Delivered on 07/03/2022)
1. By filing this Notice of Motion, defendant No.4 has prayed
to condone the delay of 198 days caused in filing written statement.
2. Read the affidavit filed in support of Notice of Motion and
reply. Heard learned Smt.Reena advocate for deft No.4 and learned
Shri.Tripathi advocate for the plaintiff. Perused the entire record.
3. Admittedly, there is a delay of 198 days in filing written
statement by defendant No.4. Plaintiff though has objected the Notice
of Motion, in the course of argument, learned advocate for the plaintiff
submitted that Notice of Motion may be allowed by imposing costs on
defendant No.4. Hon’ble Supreme Court has extended the period of
limitation as per the directions given in M.A.No.665/2021. Considering
the submission of learned advocate for the plaintiff in the course of his
argument and considering the directions issued by Hon’ble Supreme
Court regarding extension of period of limitation till 28/02/2022, this
Court is of the opinion that interest of justice will be protected if the
delay caused in filing written statement is condoned by imposing
-- 1 of 3 --
2 NM 320-2020 in SU-1291-19
certain costs so as to enable the defendant No.4 to contest the suit on
merits. Thus, an order.
O R D E R
Notice of Motion No. 320/2020 is allowed subject to cost
of Rs.1000/-.
Defendant No.4 shall pay the amount of cost to the plaintiff
directly or shall deposit it in the Court on or before next date.
Date : 07/03/2022. (P.P.RAJVAIDYA)
Dictated on : 07/03/2022. Judge, C.R.No.62,
Checked on : 07/03/2022. City Civil Court,
Signed on : 07/03/2022. Mumbai.
-- 2 of 3 --
3 NM 320-2020 in SU-1291-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11/03/2022 at 3.00 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.62)
Date of pronouncement of Order 07/03/2022
Order signed by P.O. on 07/03/2022
Order uploaded on 11/03/2022
-- 3 of 3 --