Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s.225/19 in Suit 718/18 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 225 OF 2019
IN
SUMMARY SUIT NO. 718 OF 2018
(Under Order XXXVII, Rule 11 of the Code of Civil Procedure)
(CNR.NO.MHCC010012072019) )
Mukesh Plastics .....Plaintiff
V/s.
M/s. Addon Retail Pvt.Ltd. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATED : 16TH JULY 2019
Advocate Mr.Majithia for plaintiff.
Advocate Mr.Bhojraj Baral for defendants.
ORDER
This chamber summons is taken out for condonation of delay of
149 days to file appearance of defendant.
2. Heard Ld.counsel for defendant and Ld.counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether there is sufficient
cause to condone the delay of 149
days to file appearance to
defendant?
Yes
2. What order? As per final order
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Ch/s.225/19 in Suit 718/18 2
REASONS
AS TO POINT NOS.1&2
4. The Ld.counsel for defendants has submitted that the suit
summons was received by defendants on 16/08/2018. Before that the
major fire outbreak was at the warehouse of defendants causing huge
loss to defendants to the tune of Rs.11crores This fire incident had
occurred on 23/02/2017 and defendants were in state of shock.
Meanwhile, defendants were busy in recovering the damages and
claiming insurance and therefore could not file their appearance within
time.
5. The Ld.counsel for plaintiff has resisted this application by filing
reply and submitted that the delay of 149 days is deliberate. Though
there may have been fire incident at the warehouse of defendant but
there is no connection of that incident with the non appearance of
defendants. The goods supplied by plaintiff was in the year 2015 and
till date defendants have not paid any amount to plaintiff. This suit was
placed for judgment and therefore notice of motion be rejected and
judgment may be passed.
6. The documents annexed to the affidavit in support of chamber
summons supports the claim of defendants that fire incident had
occurred at their warehouse. Though the law provides about exparte
judgment but when it can be seen that defendants are interested in
contesting the suit it will not be proper to deny this right to defendants.
As far as delay is concerned that can be compensated in terms of
money. The reasons are satisfactory. The defendants are to be given
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Ch/s.225/19 in Suit 718/18 3
chance to contest the suit. Therefore,points No.1 is answered as 'Yes'
and following order is passed.
ORDER
1. Chamber summons No.225/2019 is allowed.
2. The delay of 149 days is condoned subject to payment of cost of
Rs.5,000/ to the plaintiff within next date of the suit.
3. On payment of cost the appearance of defendant shall be taken
on record.
4. Chamber summons No.225/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:16/07/2019 City Civil Court,Gr. Bombay
Dictated on : 16/07/2019
Transcribed on : 22/07/2019
Signed on : 22/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/07/2019 at 3.15p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
16/07/2019
Judgment/Order signed by P.O. on 22/07/2019
Judgment/Order uploaded on 24/07/2019
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Ch/s.225/19 in Suit 718/18 4
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