Final Order 1

Order Details: Notice of Motion
Pdf Text: N.M.419/19 in S.C. Suit No. 1434/18 1
Date : 19.06.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.419 OF 2019
IN
S.C. SUIT NO. 1434 OF 2018
(CNR.NO.MHCC010010902019)
Logistics Enterprises Pvt. Ltd. ) ….Plaintiff
VERSUS
DBM Geotechnics & Constructions Pvt. Ltd. ) .... Defendant
Appearances:
Mr. Anil Vaishnavi, Advocate for plaintiff present.
Mrs. Madhavi Nalluri a/w Adv.Krishma Agarwal, Advocate for
defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 19th June, 2019.
: ORDER :
1. The defendant by way of instant Notice of Motion prayed
for setting aside order dated 05.10.2018, whereby the suit was
proceeded Exparte and further prayed for allowing the Defendant to
file its Written Statement on record. The application is apposed by the
plaintiff by filing reply.
2. It is contended by the plaintiff that the Defendant did not
give the sufficient reasons for setting aside impugned order. There is
delay of 130 days in filing aforesaid application but the defendant did
not mentioned the number of days. The defendant acted very negligibly
hence, the defendant could not be allowed to file written statement.
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N.M.419/19 in S.C. Suit No. 1434/18 2
Date : 19.06.2019
3. Heard both the sides. Perused Notice of Motion alongwith
reply. From the record, it appears that the defendant was served with
the suit summons on 25.06.2018. The reasons assigned by the
defendant is that due to the shifting and repair works of the company,
they could not file the written statement in time. In my view, the
reasons shown are sufficient to condone the delay. In the event, if the
defendants are not allowed to defend the claim of the plaintiff great
prejudice would be caused to the defendants and they would be
deprived of defending their case. The inconveniency caused to the
plaintiff can be compensated by imposing reasonable cost. Thus, I
proceed to pass following order.
: ORDER :
1. Notice of Motion No. 419 of 2019 made absolute.
2. The order dated 05.10.2018, directing to suit to proceed Exparte
is hereby set aside subject to the condition, defendant paying cost
of Rs. 3,000/ to the plaintiff.
3. The defendant to filed Written Statement within period of one
week from the date of order.
4. The Notice of Motion No. 419 of 2019 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 19.06.2019 Greater Mumbai
Dictated on : 19.06.2019
Transcribed on : 19.06.2019
Draft submitted on : 25.06.2019
Checked on : 27.06.2016
Signed on : 27.06.2016
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N.M.419/19 in S.C. Suit No. 1434/18 3
Date : 19.06.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/06/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
19/06/2019
JUDGMENT/ORDER signed by
P.O. on
27/06/2019
JUDGMENT/ORDER uploaded
on
27/06/2019
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