Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.248 of 2018
CNR No.MHCC010010312018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.248 OF 2018
IN
S.C.SUIT NO.847 OF 2017
Kapildev Singh .. Plaintiff.
Versus
United Spirits Limited and anr. .. Defendants/
Applicant
Ld. Advocate Balram Mohanty for plaintiff.
Ld. Advocate Mayur Agarwal for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 24.08.2018
: ORDER :
This Notice of Motion is taken out by defendant for setting
aside the exparty order passed against him on 24.04.2017.
2. Counsel for defendant submitted that they were engaged in
multiple litigations in different courts and they were defending all the
matter. They came across this matter subsequently. They further
contended that the writ of summons was not properly served upon
them and due to this they could not appear in the matter. Hence, matter
was proceeded exparty.
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: 2 : Notice of Motion No.248 of 2018
3. Counsel for plaintiff submitted that there was deliberate delay
on the part of defendant. The writ of summons was properly served
upon them. He further contended that their managing director has left
the country with all the money. It was further admitted that the delay
was deliberate and prayed to dismiss the motion.
4. Heard both the parties. Perused the material on record.
5. Upon considering the hearing it is apparent that exparty
order was passed against present defendant by the court on 24.04.2017.
Thereafter matter was posted for exparty evidence on 14.11.2017. But
the court was on leave. On the subsequent date on 16.01.2018
defendant appeared. Plaintiff has not filed his evidence yet. Opportunity
can be granted to the defendant by settingaside the exparty order to
decide the matter on merits by imposing costs. Accordingly, I pass the
following order.
: ORDER :
1. Notice of Motion No.248 of 2018 is allowed in terms of prayer
clause (a) and (b) subject to cost of Rs. 5,000/.
2. Cost be paid on or before next date to plaintiff.
3. Defendant is directed to file his written statement on the next
date.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 24.08.2018 Gr. Mumbai
Dictated on : 24.08.2018
Transcribed on : 24.08.2018
Signed on : 24.08.2018
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: 3 : Notice of Motion No.248 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 27.08.2018 at 11.10 a.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
24.08.2018
JUDGMENT/ORDER signed by P.O. on 24.08.2018
JUDGMENT/ORDER uploaded on 27.08.2018
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