Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.330/2018 in Sum. Suit No.3047/2013
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 330 OF 2018
CNR NO.: MHCC010013002018
IN
SUMMARY SUIT NO. 3047 OF 2013
Shri Lalchand Bhavanji Haria ...Plaintiff
Versus
Shri Navinbhai Sheth Proprietor of
M/s. Shree Ganesh Hosiery ...Defendant
Appearances:
Advocate Mr. D'Silva for the plaintiff.
Advocate Ms. Anjali for the defendant.
CORAM : HER HONOUR ADHOC JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 22nd OCTOBER, 2019.
ORAL ORDER
Defendant has stated that matter was initially before Court No.24
and thereafter it was transferred to Court Room No.10 and thereafter it
was again transferred to Court Room No.27. It is further stated that
another matter was filed by the same plaintiff against a different
defendant. Both the matters were listed on the same date, however, on
particular date, the matter was adjourned to the different date and
therefore Advocate could not keep track of the instant matter. It is
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:2: N.M. No.330/2018 in Sum. Suit No.3047/2013
further stated that in the meanwhile there was change of incumbents at
the end of the advocate as well as the defendant, as a result the entire
matter could not be attended due to lack of communication.
2. Defendant has further stated that newly joined authorised
representative of the defendant was under belief that the Order was
passed in another matter which was not listed. It is further stated that
the junior advocate looking after the matter also could not keep the
track of the matter as she left the firm due to her pregnancy. It is
further stated that there was no communication between the Advocates
and the clients in respect of the present matter and on these grounds
prayed to condone delay of 535 days in filing Written Statement.
3. Plaintiff has filed reply to this Notice of Motion and stated that
the Notice of Motion is filed only to delay the proceedings. It is further
contended that defendant has shown gross negligence and he has no
case on merits and prayed for rejection of Notice of Motion.
4. According to defendant, their Advocate could not keep the track
of the matter and there was no communication between their advocate
and defendant. It shows negligence on the part of defendant and also
Advocate. In view of the circumstances that defendant contends that he
is having good case on merits and stated that there is negligence on part
of his advocate, considering circumstances the delay is not for few days
but for more than 500 days, it will be proper to condone delay and give
opportunity to defendant to fight case on merits subject to
compensatory cost to be given to plaintiff. Considering the delay of
more than 500 days and circumstances of this case and that this is the
Summary Suit pass following order:
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:3: N.M. No.330/2018 in Sum. Suit No.3047/2013
ORDER
1. Notice of Motion No.330 of 2018 is allowed, subject to cost of
Rs.8,000/ to be paid by defendant to plaintiff.
2. Notice of Motion No.330 of 2018 stands disposed of.
(SONALI P. AGARWAL)
Adhoc Judge,
Date: 22.10.2019. City Civil Court,
Gr. Bombay.
Dictated on : 22.10.2019
Transcribed on : 22.10.2019
Signed on : 22.10.2019
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:4: N.M. No.330/2018 in Sum. Suit No.3047/2013
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23.10.2019 At 01:14 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
22.10.2019
Judgment/Order signed by P.O. on 22.10.2019
Judgment/Order uploaded on 23.10.2019
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