Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4933 of 2019
in Suit No. 268 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4933 OF 2019
IN
SUMMONS FOR JUDGMENT NO.268 OF 2019
IN
SUMMARY SUIT NO.294 OF 2019.
Gayatri Rajesh Narang ... Plaintif
V/s.
Mr. Dhaval Shah & anr. ... defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 15th February, 2020.
Appearance:
Mr. Nilufer B.Gadiwala, Advocate for plaintif.
Mr. Tushar Goradia, Advocate for defendants.
-: ORDER :-
This is a notice of motion taken out by the defendants for
condonation of delay for fling reply/leave to defend to the
summons for Judgment. The plaintif has fled reply to the
same.
2. Perused the notice of motion and reply of the plaintif.
Heard both the advocates for the parties at the length.
3. It is contended by the defendants that he was served
with the Summons for Judgment, but during the relevant
period, due to hospitalization of mother of defendant No.1 and
mother-in-law of defendant no.2, they could not fle their reply
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2 N/M No. 4933 of 2018
in Suit No. 268 of 2018
to the summons for judgment within a stipulated period.
Therefore, 23 days delay is caused for fling reply to the
Summons for Judgment.
4. Considering the submissions made by the advocates of
the plaintif and the defendants this Court holds that the
defendants were unable to fle their reply/leave to defend to
the Summons for Judgment within stipulated time because
due to hospitalization of mother of defendant No.1 and
mother-in-law of defendant no.2. The reason given by the
defendants for delay is satisfactory. The delay caused for fling
reply to the Summons for Judgment is not deliberate.
5. In these backgrounds, the Notice of Motion deserves to
be allowed in the interest of justice and in consequence
allowing the defendants to fle reply/leave to defend to the
Summons for Judgment. Hence, the order :
ORDER
1. The Notice of Motion no.4933 of 2019 is allowed,
subject to costs of Rs.500/- to be paid by defendants
to the plaintif, on or before next date.
2. The defendants are granted permission to put their
reply/leave to defend to the Summons for Judgment
in the interest of justice.
3. The Notice of Motion No.4933 of 2019 is disposed of.
(S.G.Shaikh)
Judge,
Date : 15.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 15.02.2020.
Signed on : 15.02.2020.
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3 N/M No. 4933 of 2018
in Suit No. 268 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
15.02.2020 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
15.02.2020
Order signed by P.O. on 15.02.2020
Order uploaded on 15.02.2020
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