Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 497-19 in Summary Suit no. 609-18
1 Date : 24.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 497 OF 2019
IN
SUMMARY SUIT NO. 609 OF 2018
(CNR NO.MHCC01 0012492019 )
Ramchandra Atmaram Nagpal .. Plaintiff
Versus
Bluplast Corporation & Ors. .. Defendants
Appearances :
Adv.Bhargavi Raval i/b Adv.Rekha Shukla for plaintiff present.
Adv.Rajesh Patil for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 24.10.2019
ORDER
1. The defendants have filed instant suit for condonation of 50
days delay in filing reply to summons for judgment and grant of
permission to file reply.
2. It is contended by the defendants that the summons for
judgment was received by the Advocate of defendants on
26.11.2018. Their advocate gave dated for drafting the reply.
Therefore, their advocate called the defendants on 29.11.2018.
However, their advocate was preoccupied in other cases therefore,
he informed to visit on next date. On 5th or 6th December, 2018,
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2 Date : 24.10.2019
the advocate of defendant was not keeping well and suffering from
fever. Therefore, the reply could not be prepared. It is further
contended by the defendants that thereafter, the close relatives of
the defendant was expired at native place at Rajasthan. Therefore,
the defendant could not contacted their advocate for drafting the
reply. In the aforesaid circumstances, delay of 50 days has been
occurred to file the reply to the summons for judgment.
3. It is contended by the defendants that defendants have good
case on merit as well as on law. They have good defence to raise.
In the event delay is not condoned, it would prejudice the right of
the defendant. Hence, defendants prayed for allowing instant
Notice of Motion.
4. Per contra plaintiff opposed the Notice of Motion by filing
say on the ground that the defendants failed to assign cogent and
sufficient reasons to condone the delay. It is submitted by the
Advocate of plaintiff that in the event delay is condoned, heavy
cost be imposed.
5. Heard both the sides. Perused Notice of Motion alongwith
the reply. The reasons assigned by the defendant is the illness of
their advocate. The defendants also filed medical certificate in
support of their defence which shows that the advocate Patil was
not keeping well. In my view, the defendants shown sufficient
cause to condone the delay. In my view, in the event delay is not
condoned the defendants would not be able to tender their leave
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NM 497-19 in Summary Suit no. 609-18
3 Date : 24.10.2019
to defence. Hence, in the interest of justice the delay needs to be
condoned. The inconvenience caused to the plaintiff can be
compensated by awarding cost of Rs. 5,000/. Thus, I proceed to
pass the following order :
ORDER
1. Notice of Motion No. 497 of 2019 is hereby allowed.
2. Delay of 50 days in filing reply is hereby condoned subject to
the payment of cost of Rs. 5,000/ to the plaintiff.
3. Notice of Motion No. 497 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 24.10.2019 Greater Bombay.
Dictated on : 24.10.2019
Typed on : 24.10.2019
Draft Submitted on : 24.10.2019
Checked on : 24.10.2019
Signed on : 24.10.2019
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NM 497-19 in Summary Suit no. 609-18
4 Date : 24.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/10/2019 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
24/10/2019
JUDGMENT/ORDER signed by P.O.
on
24/10/2019
JUDGMENT/ORDER uploaded on 24/10/2019
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