Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.437/19
in Summary Suit No.518/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No. 437 of 2019
(CNR NO. MH CC010011082019)
In
SUMMARY SUIT No.518 OF 2018
Conde Nast (India) Pvt. Ltd.
A Company registered under the
provisions of the Companies Act, 1956
having its office at 2nd Floor,
Darabshaw House, Ballard Estate,
Shoorji Vallabhdas Marg,
Mumbai400 001. ....Plaintiff
V/s.
Aavantam Retail Pvt. Ltd
A Company registered under the provisions of
The Companies Act, 1956 (as amended)
having its registered office at 1501,
Panchratna M.P Marg, Opera House,
Mumbai.
Also at,
275, Mapla Mahal, J.S.S. Road,
Thakurdwar Corner, Girgaum,
Mumbai400 004. ....Defendant
Appearance:
Mr. Radha Kapadia, Advocate for the Plaintiff.
Mr. Abhijeet Rane, Advocate for the defendant
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 07 th November, 2019.
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2 Notice of Motion No.437/19
in Summary Suit No.518/2018
ORDER
1. This Notice of Motion is taken out by defendant for setting
aside Exparte order dated 10.10.2018.
2. Heard both the sides. On behalf of plaintiff reply is not filed
on record. Learned Advocate of defendant submitted that as per the
recitals of document at ExhB annexed with the plaint, the invoices are
subject to Mumbai jurisdiction. There are correspondence made between
plaintiff and defendant for adjusting the claim amount as well as further
continuation of the contract. It is further submitted that on belief of the
plaintiff, defendant did not appear in the Court. Therefore, it is prayed
that the notice of motion may kindly be made absolute.
On the other hand, it is submitted by learned Advocate of
plaintiff that plaintiff had no objection, if notice of motion is allowed
with cost.
3. On perusal of record, it reflects that on 10.10.2018 as the
defendant did not appear in the suit, Exparte order was passed. The
reason mentioned in the notice of motion about correspondence made
between the plaintiff and defendant for settlement of dispute and for
further continuation of the contract appears to be justifiable in order to
set aside the Exparte order. Moreover, no harm or prejudice will cause
to plaintiff, if the Exparte order is set aside. On behalf of plaintiff,
notice of motion is not opposed. Resultantly, I pass following order.
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3 Notice of Motion No.437/19
in Summary Suit No.518/2018
ORDER
1) Notice of Motion No.437/2019 is made absolute in terms of
prayer clause (a) subject to cost of Rs.1,000/ (Rs. One Thousand
Only) to the plaintiff to be paid on or before next date.
2) After compliance, Exparte order dated 10.10.2018 shall be set
aside.
3) Notice of Motion No.437/2019, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 07/11/2019
Dictated on : 07.11.2019
Transcribed on : 08.11.2019
Signed on : 08.11.2019
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4 Notice of Motion No.437/19
in Summary Suit No.518/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
08.11.2019 5.15 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 07.11.2019
Order signed by P.O. on 08.11.2019
Order uploaded on 08.11.2019
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