Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.416 of 2018
CNR No.MHCC010016342018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.416 OF 2018
IN
S.C.SUIT NO.2316 OF 2016
M/s. Alutop, Partnership Firm .. Plaintiff.
Versus
M/s. Tilaknagar Industries Limited .. Defendants
Ld. Advocate Bhandari for plaintiff.
Ld. Advocate Akshay Pawar for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 13.08.2018
: ORDER :
This Notice of Motion is taken out by defendant for setting
aside the order dated 24.07.2018 and permitting them to file written
statement on record.
2. Defendant submitted that earlier Notice of Motion No.
4005/2016 filed by the plaintiff for adinterim reliefs. On 10.04.2017
'no reply' order was passed and matter adjourned to 04.04.2017 for
hearing. Thereafter on 24.07.2017 the said notice of motion rejected.
Defendant further submitted that advocate were busy in preparing
notice of motion to setaside the order of 'no reply' and no instruction
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was given to file the written statement. Hence, the delay is occurred.
3. Heard both the parties. Perused the material on record.
4. Upon considering the hearing there does not appears to be
deliberate delay. Thus, opportunity is granted to defendant to file the
written statement on record in the interest of justice by imposing costs.
Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.416 of 2018 is allowed in terms of prayer
clause (a) subject to cost of Rs. 5,000/.
2. Cost be paid to plaintiff on or before next date.
3. Delay in filing the written statement is hereby condoned.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 13.08.2018 Gr. Mumbai
Dictated on : 13.08.2018
Transcribed on : 13.08.2018
Signed on : 13.08.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 14.08.2018 at 5.52 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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: 3 : Notice of Motion No.416 of 2018
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
13.08.2018
JUDGMENT/ORDER signed by P.O. on 13.08.2018
JUDGMENT/ORDER uploaded on 14.08.2018
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