Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No. 368/2018 in Sum. Suit No.622/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 368 OF 2018
CNR NO.: MHCC010014822018
IN
SUMMARY SUIT NO. 622 OF 2017
AAR CUBE ENTERPRISES LLP ]...Plaintiff
Versus
NEW MANAK OVEARSEAS LIMITED ]...Defendant
Appearances:
Advocate Mr. S.K. Shah for the plaintiff.
Advocate Mr. Maurya for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 11th FEBRUARY , 2019.
ORAL ORDER
1. Perused application and say.
2. It appears plaintiff is 76 years old, partner of plaintiff firm.
Summary suit is expected to be disposed of expeditiously.
3. Defendant has stated that there is delay of 202 days in filing
Vakalatnama. He has vaguely stated that the concerned Officer/Director
of defendants Company were not in Office for considerable period and
was unaware about the service of Writ of Summons and further stated
that some other person available at that time of received the Writ of
Summons but forgot to tell the defendant about Service of Writ of
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:2: N.M. No. 368/2018 in Sum. Suit No.622/2017
Summons.
4. It appears defendant has failed to adduce any document as
supporting such contentions. Defendant has also failed to state that
which particular person was not present in office to receive summons
and which particular person received summons and in what
circumstances he failed to give it to plaintiff. Therefore, it appears
defendant has failed to satisfactorily explained the huge delay of 202
days in filing Vakalatnama in the present case. Therefore, there are no
reasonable grounds to condone delay to appear in the suit. Hence,
following order :
ORDER
Notice of Motion No.368/2018 stands rejected and disposed of.
(S.P. AGARWAL)
Judge,
Date: 11.02.2019. City Civil Court,
Gr. Bombay.
Dictated on : 11.02.2019
Transcribed on : 11.02.2019
Signed on : 11.02.2019
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:3: N.M. No. 368/2018 in Sum. Suit No.622/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.02.2019 At 1:39 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.09)
Date of pronouncement of
Judgment/Order
11.02.2019
Judgment/Order signed by P.O. on 11.02.2019
Judgment/Order uploaded on 13.02.2019
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