Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010015162020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 577 OF 2020
IN
SUMMARY SUIT NO. 830 OF 2019
Mr. Vipul Maruti Vairal ... Plaintiff
V/s.
Arun Suresh Gaikwad ... Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
JUDGE CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.59)
DATE : 09/03/2021
Adv. Mr A.B. Jain for the plaintiff
Adv. Ms. Pushpa H. Goswami for the defendant
ORAL ORDER
1. This is a notice of motion taken out by the defendant for
condonation of delay of 123 days for filing his appearance and
vakalatnama on record. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff.
Heard both the advocates for the parties at the length.
3. It is contended by the defendant that he tried to appoint
advocate but due to financial problem he is unable to do so. He further
contended that he was not conversant with the legal procedure in
respect of summery suit nor was he aware that the defendant must
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2 N/M No.577/2020
in Suit No.830/2019
appearance before the Court within 10 days from the date of receipt of
writ of summons and failed to appoint advocate in time. Therefore,
delay of 123 days was caused filing his appearance and vakalatnama
on record.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, as defendant was not aware about the legal
procedure of the summery suit he could not file his appearance and
vakalatnama within 10 days from the receipt of service of summons,
this Court holds that the defendant was unable to file his appearance
and vakalatnama within stipulated time, The reason given by the
defendant for delay is satisfactory. The delay caused for his appearance
and vakalatnama is not deliberate.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file appearance and vakalatnama , the inconvenience
caused to the plaintiff can be compensated by saddling cost of
Rs.4000/- on the defendant. Hence, the order:
ORDER
1. The Notice of Motion No.577/2020 is allowed.
2. The defendant is granted permission to file his appearance
and vakalatnama in the interest of justice subject to the cost
of Rs.4000/-, which shall be paid on or before next date to
the plaintiff.
3. The Notice of Motion No.577/2020 is disposed of.
(Smt. S.G.Shaikh)
Date- 09/03/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 09/03/2021
Typed on : 09/03/2021
Signed on :
`
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3 N/M No.577/2020
in Suit No.830/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09/03/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
09/03/2021
JUDGMENT/ORDER signed by
P.O.on
09/03/2021
JUDGMENT/ORDER uploaded on 09/03/2021
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