Full Order Text
Order 1 · 13 Aug 2018 · CNR MHCC010016342018
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 -- 1 of 3 -- : 2 : Notice of Motion No.416 of 2018 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 -- 2 of 3 -- : 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 -- 3 of 3 --