Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 507/20 SUM.SUIT 1053/2018 1
IN THE CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.507 OF 2020
IN
SUMMARY SUIT NO. 1053 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR NO.: MHCC01-001329-2020)
M/s. Sunshine Caterers Private Limited ...Applicant
IN THE MATTER BETWEEN
J.B.Enterprises ...Plaintiff
Versus
M/s. Sunshine Caterers Private Limited ...Defendant
Appearances:-
Advocate Mr.Avinash Pandey for the Plaintiff.
Advocate Mr.Govind Gupta for Defendant.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 18th February 2020
J U D G M E N T
1. By this Notice of Motion defendant requested to condone the
delay caused in filing appearance/ Vakalatnama. The plaintiff resisted
the Notice of Motion. Heard Ld Advocates on behalf of both the parties.
2. It appears that the defendant company was undergoing
insolvency proceeding before the national company law tribunal and
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interim resolution professional was appointed. The matter continued till
July 2019. Thus, the management not being within the control of
defendant, it could not file the appearance. Considering the reasons
mentioned in the application and in the interest of justice it is just and
proper to condone the delay subject to reasonable cost of Rs.1000/-.
Hence, order as follows is passed:
ORDER
1. The Notice of Motion No.507 of 2020 is allowed as under.
2. Delay caused to the defendant to file the appearance and
Vakalatnama is condoned and the appearance of the defendant and
vakalatnama be accepted on record subject to cost of Rs.1000/-(Rs.One
Thousand only).
3. The Notice of Motion No.507 of 2020 is disposed accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date:18/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 18/02/2020
Signed on : 21/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/02/2020 at 5.20p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 18/02/2020
Judgment/Order signed by P.O. on 21/02/2020
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NM 507/20 SUM.SUIT 1053/2018 3
Judgment/Order uploaded on 21/02/2020
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