Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No. 331/2019 in Sum. Suit No.263/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 331 OF 2019
CNR NO.: MHCC010008182019
IN
SUMMARY SUIT NO. 263 OF 2018
Gopal Kanayalal Talreja ]...Plaintiff
Versus
Naresh Joshi and another ]...Defendants.
Appearances:
Advocate Ms. Kavita S. Lalwani for the plaintiff.
Advocate Rajesh Jain for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 30th JANUARY, 2019.
ORAL ORDER
1. By this Notice of Motion defendant is praying that delay of 108
days in filing reply to Summons for Judgment be condoned. Defendant
has stated that the records pertaining to the present case was not
traceable hence he is not in a position to answer the allegation of the
plaintiff raised in the plaint. Defendants have stated that they have
goods case on merits. They have further stated that no harm or loss
shall be caused to the plaintiff if the Notice of Motion is allowed.
2. Plaintiff has filed reply to this Notice of Motion and contended
that defendants were advanced the amount of Bill of Exchange by
cheque, therefore, the defendants are making false statement and
defendants have no defence at all.
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:2: N.M. No. 331/2019 in Sum. Suit No.263/2018
3. It appears there is a delay of 108 days in filing reply. The
defendant is contending that the record was not traceable and
therefore, he could not file reply. From the circumstances it is probable
that due to such reason he failed to file reply, but for defendant not
keeping record properly, plaintiff should not suffer. Therefore, this
Notice of Motion deserves to be allowed subject to compensatory cost to
be given to plaintiff. Hence, following order :
ORDER
1. Notice of Motion No.331/2019 is allowed, subject to cost of
Rs.1,000/ to be given by defendants to plaintiff.
2. Notice of Motion No.331/2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 30.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.01.2019
Transcribed on : 30.01.2019
Signed on : 30.01.2019
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:3: N.M. No. 331/2019 in Sum. Suit No.263/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31.01.2019 At 4:55 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
30.01.2019
Judgment/Order signed by P.O. on 30.01.2019
Judgment/Order uploaded on 31.01.2019
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