Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.346/2019 in Sum. Suit No.102/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 346 OF 2019
CNR NO.:MHCC010008722019
IN
SUMMARY SUIT NO. 102 OF 2018
M/s. Accurate Engineering ...Plaintiff
Versus
M/s. Jay Air Cooling Pvt. Ltd. and others ...Defendants.
Appearances:
Advocate Mr. Anil Kharatmol for the Plaintiff.
Advocate Ms. Dubey for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 11th APRIL, 2019.
ORAL ORDER
1. Defendants by this application prayed to set aside the Order
dated 03.11.2018 to proceed without reply of defendants.
2. Defendants have stated that they received Summons for
Judgment on 06.09.2018 and draft of affidavitinreply for Summons
for Judgment was ready but defendant No.8 being senior citizen was
not keeping well and the defendant No.2 was travelling out of India
from 18.10.2018 to 27.11.2018, therefore, it could not be filed.
Defendants have further stated that their Advocate inadvertently noted
next of hearing as 3.12.2018 instead 03.11.2018 and therefore, nobody
appeared on 03.11.2018 and the order to proceed without reply came
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:2: N.M. No.346/2019 in Sum. Suit No.102/2018
to be passed. Defendants have further stated that they did not
deliberately fail to file reply to Summons for Judgment. Defendants
have further stated that they have a good defence in response to case of
plaintiff and prayed to allow the application.
3. Plaintiff has filed reply to this Notice of Motion and stated that
false Notice of Motion is taken out by defendants and prayed for
rejection of the application.
4. Considering the reason stated by defendants that their Advocate
noted wrong next date of the case and one of the defendant not keeping
well and considering the circumstances of this case it appears delay on
part of defendants is not intentional. But at the same time, considering
the reasons stated for delay, it appears plaintiff has to be compensated
for delay caused. Hence, following order:
O R D E R
1. Notice of Motion No.346 of 2019 is allowed, subject to cost of
Rs.1,000/ to be given by defendants to plaintiff.
2. Notice of Motion No.346 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 11.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 11.04.2019
Transcribed on : 11.04.2019
Signed on : 11.04.2019
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:3: N.M. No.346/2019 in Sum. Suit No.102/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.04.2019 At 1:14 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
11.04.2019
Judgment/Order signed by P.O. on 11.04.2019
Judgment/Order uploaded on 12.04.2019
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