Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.205 of 2018
CNR No.MHCC010008132016
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.205 OF 2018
IN
SUIT NO.2183 OF 2014
Bhawarlal S.Ambawat .. Plaintiff.
Versus
M/s. Fashion and ors. .. Defendants/
Applicants
Appearance :
Ld. Advocate Tiwari for plaintiff.
Ld. Advocate Kaushik for applicants/defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 13.11.2018
: ORDER :
This Notice of Motion is taken out by defendants for setting
aside exparte judgment passed against them.
2. Defendants submitted that they received writ of summons
and approached the plaintiff. Their negotiation took place between
them and plaintiff assured them that they shall not proceed with the
matter. Relying on the assurance they did not engage the counsel and
also did not appear before the court. Thereafter judgment passed
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: 2 : Notice of Motion No.205 of 2018
against them on 27.01.2016. On 18.05.2017 they received notice in
Review Petition No. 50/2017 taken out by the plaintiff. They engaged
advocate and obtained certified copy. It was further submitted that
certified copy was misplaced by their advocate. They came to know
that the matter was decreed against them. They further submitted that
there is delay of 677 days and prayed to condone the delay and set
aside the judgment and decree passed against them.
3. Plaintiff appeared and filed their reply and submitted that
writ of summons was served on defendants. They denied that any
negotiations took place between them out of the court. It was further
submitted that defendants are deliberately avoiding to pay their amount
and has taken out this motion to defeat the judgment.
4. Heard Ld. Counsel Tiwari for plaintiff and Ld. Counsel
Kaushik for defendants. Perused the material on record.
5. Admittedly the writ of summons was served on the
defendants. But it appears that instead of appearing before the court
the defendant approached the plaintiff and thereafter failed to appear
before the court. The course adopted by the plaintiff was not proper.
Moreso, even after getting the knowledge about the Review Petition on
18.05.2017 plaintiff did not took any steps for nearly 8 months to take
out the motion for settingaside the exparte judgment. Reasons given
by the defendants are not probable. There is delay on the part of the
defendants, which cannot condoned. The conduct of the defendant
cannot be condoned. Accordingly I pass the following order.
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: 3 : Notice of Motion No.205 of 2018
: ORDER :
Notice of Motion No. 205 of 2018 is rejected.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 13.11.2018 Gr. Mumbai
Dictated on : 13.11.2018
Transcribed on : 14.11.2018
Signed on : 14.11.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 15.11.2018 at 5.32 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
13.11.2018
JUDGMENT/ORDER signed by P.O. on 14.11.2018
JUDGMENT/ORDER uploaded on 15.11.2018
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