Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 626 of 2020
in Summary Suit No. 253 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.626 OF 2020
(CNR No.MHCC01-001608-2020)
IN
SUMMARY SUIT NO.253 OF 2019.
M/s. Standard Conduits Pvt. Ltd. ... Plaintif
V/s.
M/s. Skyshade Daylights Pvt. Ltd. & Anr. ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 07.02.2020.
Appearances:
Mr. Pawar, Advocate for plaintiff.
Ms.Prachi I/b M/s. Reliable Legal Partners, Advocate for
Defendants No.1 & 2.
-: ORDER :-
This is a notice of motion taken out by the defendant for
condonation of delay for filing 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 due to mistake of
earlier Advocate in the suit within a stipulated time, hence,
Advocate for defendants could not appear and file his
Vakalatnama on record. Therefore, 80 days delay is caused for
filing his appearance and his Vakalatnama on record in this
suit.
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2 N/M No. 626 of 2020
in Summary Suit No. 253 of 2019
4. Considering the submissions made by the advocates of
the plaintiff and the defendant, this Court holds that the
defendant was unable to file his appearance and Vakalatnama
in this suit. The reason given by the defendant as to the
mistake of his earlier Advocate, is satisfactory. The delay
caused for filing appearance and Vakalatnama in this Suit is
explained properly.
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 to
defend to the Summons for Judgment. Hence, I pass following
order.
-: ORDER :-
1. The Notice of Motion no.626 of 2020 is allowed,
subject to cost of Rs.3500/-, which shall be paid
by the defendants to the plaintiff, on or before
next date.
2. The defendants are granted permission to put
their appearance and Vakalatnama in the interest
of justice.
3. The Notice of Motion No. 626 of 2020 is disposed
of.
(Smt. S.G.Shaikh)
Judge,
Date : 07.02.2020 City Civil Court, Gr.Mumbai.
Typed on : 07.02.2020.
Signed on : 07.02.2020.
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3 N/M No. 626 of 2020
in Summary Suit No. 253 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.02.2020 5.10 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 07.02.2020
Order signed by P.O. on 07.02.2020
Order uploaded on 07.02.2020
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