Order 1

Order Details: Notice of Motion
Pdf Text: 35
19.12.2024 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.59
Commercial
Suit No.
100397/2023
NM 5442/24
Exh.11
Haren Somaiya Vs Bishmbhar Varma
Adv. Surve Rubina present for plaintiff.
Plaintiff Haren Somaiya present.
Adv. Jagriti Singh present for defendant
Exh.11- Written arguments filed by plaintiff on Notice of
Motion No. 105442 / 2024.
Suit is kept back for argument.
Later on at 13.10 Hrs.
Adv. Surve Rubina present for plaintiff.
Plaintiff Haren Somaiya present.
Adv. Jagriti Singh present for defendant.
Order in Notice of Motion No. 105442 / 2024.
Heard both sides on Notice of Motion No. 105442 / 2024.
Perused Roznama Order Dt. 09.08.2024. Perused record.
Defendant has filed Notice of Motion No. 100606 / 2024 for
condonation of delay of 87 days.
Plaintiff had opposed said Notice of Motion.
On 09.08.2024, said Notice of Motion was allowed by this
Court subject to cost of Rs.5,000/-.
Defendant filed present Notice of Motion No. 105442 / 2024
for reduction of said cost.
Plaintiff has opposed present Notice of Motion.
In Order Dt. 09.08.2024, Court has observed that, claim
amount is Rs. 4,61,184/-. Considering claim amount and
duration of delay of 87 days, Court had imposed cost of Rs.
5,000/-.
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35
19.12.2024
Sr. No.59
Commercial
Suit No.
100397/2023
NM 5442/24
Considering aforesaid aspects (claim amount and duration
of delay), cost is just and proper. Hence, it requires no
interference. Accordingly, following Order is passed :
ORDER
1. Notice of Motion No. 105442 / 2024, is rejected.
2. Defendant be informed about his right to
challenge this Order and period of limitation for
same.
3. Proceeding of Notice of Motion No. 105442 /
2024, is closed.
4. Order pronounced in Open Court.
5. Record of Notice of Motion No. 105442 / 2024
shall be part of Commercial Suit No. 100397 /
2023.
6. For convenience of Lawyers and Litigants, this
Order is being uploaded in PDF format.
Parties to e-file their respective pleadings, Interim
Applications (Chamber Summons, Notice of Motions,
Summons for Judgment, replies, joinder, rejoinders, etc.),
Written arguments, documents in OCR compatibility.
Suit adjourned to 31.01.2025 for steps.
Judge
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