Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.498/2019 in Summary Suit No.995/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 498 OF 2019
CNR NO.: MHCCO10012482019
IN
SUMMARY SUIT NO. 995 OF 2018
PRAVEENKUMAR MAGANLAL HUF ...Plaintiff
Versus
BLUPLAST CORPORATION AND ORS. ...Defendants
Appearances:
Advocate Mr. Ramesh Jain for the plaintiff.
Advocate Mr. Rajesh Patil for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 1st JULY, 2019.
ORAL ORDER
1. Defendant has stated that his Advocate called him to visit his
office on 22.12.2018 and thereafter, he again informed defendant that
he is going to Raigad, therefore, he is not in his office. Defendant has
further stated that thereafter all of sudden, his relatives at his native
place at Rajasthan expired therefore, defendant and his family has to go
to Rajasthan for the same. Defendant has further stated that thereafter
he contacted his Advocate who stated that Christmas Court Vacation
has started and ten days time is over to file reply. Defendant has further
stated that his Advocate was also out of station in Court Vacation,
therefore, there is delay of 30 days in filing reply to summons for
judgment.
2. Plaintiff has prayed for cost.
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:2: N.M. No.498/2019 in Summary Suit No.995/2018
3. According to defendant, his relative expired and his Advocate was
also not available, therefore, there was delay of 30 days in filing reply.
Considering the period of delay and plaintiff contention claiming cost,
in the circumstances of this case it will be proper to grant application
subject to cost. Hence, following order :
ORDER
1. Notice of Motion No.498 of 2019 is allowed subject to cost of
Rs.500/ to be given by defendant to plaintiff.
2. Notice of Motion No. 498 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 01.07.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.07.2019
Transcribed on : 01.07.2019
Signed on : 01.07.2019
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:3: N.M. No.498/2019 in Summary Suit No.995/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.07.2019 At 12:10 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
01.07.2019
Judgment/Order signed by P.O. on 01.07.2019
Judgment/Order uploaded on 10.07.2019
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