Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.305 OF 2018
IN
SUMMARY SUIT NO.280 of 2015
Bombay Burmah Trading
Corporation Limited ..Plaintiff.
V/s.
Mrs. Rachna Sunil Seth @ Sheth ..Defendant
Appearances:
Ms. Mishra, Adv. for plaintiff.
Mrs. Naina Desai, Adv. for Defendant.
CORAM : A.I. PERAMPALLI,
JUDGE, (C.R.NO.13)
DATE : 24th January 2018.
ORAL ORDER
1 Heard Adv. Mrs. Naina Desai for defendant. Heard Adv.
Ms. Mishra for plaintiff.
2 Looked over the prayer i.e. to stay the Special Execution
Application pending before the Principal Senior Civil Judge, Dist:Valsad,
StateGujarat. Other prayer is regarding restoration of the suit by
setting aside decree passed exparte in the present suit on 13 th April
2016 with prayer to file Vakalatnama.
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2
3 From the argument, it appears to me that the principal
amount of Rs.19 lacs and odd has been deposited by the defendant. The
defendant has come with a allegation that the writ of summons has not
been served upon the defendant and exparte decree was obtained.
Decreetal amount is Rs.33,09,000/
4 Adv. Mrs. Desai made a statement that full principal
amount has been paid. Considering pendency of execution proceedings,
it is desirable to pass following order.
ORDER
1 Decree holder shall maintain statusquo in the execution
proceedings pending before the Principal Senior Civil Judge,
Dist:Valsad, StateGujarat till disposal of Notice of Motion No.305 of
2018.
2 Plaintiff shall file reply to this Notice of Motion on or before
16/02/2018.
3 Execution proceedings is stayed till that date.
( A.I. PERAMPALLI )
Judge,
Dt.: 24/01/2018. City Civil Court, Gr. Mumbai
Dictated on :24/01/2018.
Transcribed on :24/01/2018.
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON:25/01/2018.
TIME:5.20 p.m. (Santosh B. Sawant)
(H.G. Stenographer)
Name of the Judge(with Court Room
No.)
Shri. A.I. Perampalli, Judge, C.R.No.13.
Date of pronouncement of
Judgment /Order
24/01/2018.
Judgment/Order signed by P.O. on 24/01/2018.
Judgment/Order uploaded on 25/01/2018.
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