Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.421/2019 in Summary Suit No.833/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOITON NO. 421 OF 2019
CNR NO.: MHCC010010922019
IN
SUMMARY SUIT NO. 833 OF 2018
Silver Arch Builders & Promoters ]...Applicant.
IN THE MATTER BETWEEN
Rishabh Associates ]….Plaintiff
Versus
Silver Arch Builders & Promoters ]...Defendant
Appearances:
Advocate Mr. Murthy for the plaintiff.
Advocate Mr. Mangesh Sawant for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 20th MARCH, 2019.
ORAL ORDER
1. Defendant has stated that writ of summons in the present suit
was served to peon employed by defendant on 28th August, 2018 and
the peon inadvertently failed to handover the writ of summons to the
partners of defendant. He has further stated that the peon handed over
the writ of summons and copy of Plaint to the defendant Harresh
Navnitrai Mehta belatedly a week back when the papers were sorted out
by him. He has further stated that due to inadvertent lapse on the part
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:2: N.M. No.421/2019 in Summary Suit No.833/2018
of the defendant he could not file appearance within stipulated time.
He has further stated that if he not allowed to file appearance, it will
cause irreparable loss to him and prayed of condonation of delay of 59
days in filing appearance.
2. Plaintiff has filed reply to this Notice of Motion and stated that
the reason stated by defendant are unbelievable. According to plaintiff
the Writ of Summons was served upon Miss Deepika, Manager of the
defendant. As per the Bailiff's report plaintiff has stated that Writ of
Summons were served upon the defendant on 05.09.2018. Plaintiff has
stated that the delay is not explained by giving cogent reasons and
proofs. Plaintiff has stated that the present application is filed to delay
the proceedings.
3. It appears from the Bailiff's Report that Writ of Summons was
served upon Miss Deepika, Manager of defendant. It appears that
according to defendant, the peon of defendant delayed in handing over
papers to other partner and deponent. Considering the facts that
defendant is a builder who has appointed Manager, peon in his Office,
it appears probable that his employees delayed in handing over papers.
But defendant is responsible for his Office. Hence, from this
circumstances and the fact that the delay is of less than two months and
as it appears delay is not intentional, delay is required to be condoned.
But for the delay caused plaintiff has to be compensated. Hence,
following order:
ORDER
1. Notice of Motion No.421 of 2019 is allowed, subject to cost of
Rs.1500/ to be given by defendant to plaintiff.
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2. Notice of Motion No.421 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 20.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 20.03.2019
Transcribed on : 20.03.2019
Signed on : 20.03.2019
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:4: N.M. No.421/2019 in Summary Suit No.833/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22.03.2019 At 4:06 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
20.03.2019
Judgment/Order signed by P.O. on 20.03.2019
Judgment/Order uploaded on 22.03.2019
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