Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 604/19 SUIT 351/16 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOITON NO. 604 OF 2019
IN
SUMMONS FOR JUDGMENT NO.390 OF 2016
IN
SUMMARY SUIT NO.351 OF 2016
(CNR NO.: MHCC010015832019)
KISHENDAS CHHABRA & CO. ...Plaintiff
Versus
RAJKUMAR AMARCHAND CHUGH,
HUF & ANR. ...Defendants
Appearances:
Advocate Mr.Shasvat for the Plaintiff.
Advocate Mr.Ramdasi for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C.R.NO.28)
DATED : 5TH JULY 2019
ORAL ORDER
1. This notice of motion is taken out to condone delay of 18 days to
file leave to defend.
2. Heard Ld.counsel for defendants and Ld.counsel for plaintiff.
3. From the material on record following points arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to condone delay of 18 days to file
leave to defend?
Yes
2. What order? As per final order
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NM 604/19 SUIT 351/16 2
REASONS
AS TO POINT NOS.1 &2
4. Ld.counsel for defendant submitted that leave to defend could not
be file within time as advocate for defendant was not well. The
defendant was not well from 18/02/2017 to 28/02/2017. Due to the
health reasons defendant was not able to contact his advocate. The
advocate on record was also out of station from 04/03/2017 to
06/03/2017. During this period there was no communication between
defendant and his advocate. Thereafter, advocate was busy in court
matters resulting the delay of 18 days. The Ld.counsel has filed doctor
certificate to support the claim that defendant was not feeling well
during the relevant period.
5. Ld.counsel for plaintiff has strongly objected to this application
and had submitted that after 2 years this notice of motion was
registered by the defendants. The Ld.counsel has also further submitted
that reasons given by defendants are false and frivolous therefore, their
notice of motion be rejected.
6. It is undisputed fact that there is delay of 18 days to file leave to
defend. The roznama shows that the draft notice of motion was
tendered on 20/03/2017 and the same was registered after 2 years.
Defendant has no justified explanation about the delay of 2 years to
register this notice of motion. The reasons stated by defendant about his
ill health and non availability of advocate is satisfactory. Defendant has
to be given a chance to contest the suit. However, the delay is to be
compensative imposing cost. Accordingly, point No.1 is answered in Yes
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and following order passed.
ORDER
1. Notice of Motion No.604/2019 is allowed.
2. The delay of 18 days to file leave to defend is condoned subject to
cost of Rs. 1500/ to be given to the plaintiff.
3. On payment of said cost leave to defend to be taken on record.
4. Notice of Motion No.604/2019 stands disposed of.
(M.S.LONE)
Judge,
Date: 05/07/2019 City Civil Court,Gr. Bombay.
Dictated on : 05/07/2019
Transcribed on : 06/07/2019
Signed on : 08/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
10/07/2019 4.15p.m. Mrs.J.V.Pawar
Name of the Judge HHJ Shri M.S.Lone(CR No.28)
Date of Pronouncement of
Judgment/Order.
05/07/2019
Judgment/order signed by P.O on 08/07/2019
Judgment/order uploaded on 10/07/2019
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NM 604/19 SUIT 351/16 4
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