Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.450/18
in Summary Suit No.682/2016
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No.450 of 2018
(CNR NO. MH CC010018112018)
In
SUMMARY SUIT NO.682 OF 2016
Air India Limited.
A Company incorporated under the
Companies Act, 1956 having its
Registered office at Airlines House,
113, Gurudwara Rakabganj Road
New Delhi and Corporate office at
Air India Building,
Nariman Point, Mumbai400 021. ….Plaintiff
V/s.
1) M/s. Sovika Airlines Services Limited
Having its Registered Office at: B/2,
Parekh Mahal, 30, Veer Nariman Road,
Mumbai400 020.
2) White Airways
A Company incorporated under the
Laws of Portugal, having its Head
Office at Rua Hendrique Callado
Nr 4 Piso2, Edificio OrangeLeiao
2740303 Porto Salvo, Portugal
Through their Authorised Representative
In India
M/s. Sovika Airlines Services Limited
Having office at : B/2,
Parekh Mahal, 30, Veer Nariman Road,
Mumbai – 400 020. ....Defendants
Appearance:
Ms. Yasmin Sarangi, Advocate for the Plaintiff.
Mr. Aakash Kothari, Advocate for the defendant No.1
Mr. Radhika Indapurkar, Advocate for the defendant No.2.
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2 Notice of Motion No.450/18
in Summary Suit No.682/2016
.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 17 th October, 2019.
ORDER
1. This Notice of Motion is taken out by plaintiff for
condonation of delay of 160 days in filing Summons for Judgment.
2. In the Affidavitinsupport of Notice of Motion it is submitted
that on 29.06.2017, the plaintiff filed affidavit of service on the
defendants and Advocate for defendant No.1 filed Vakalatnama and
notice of motion for condonation of delay. On 23.11.2017, when the
matter was listed for filing reply of notice of motion, it came to the
knowledge of the Advocate for plaintiff that reply of summons for
judgment against the defendant No.2 was not filed by the Junior
Advocate of the plaintiff Company. Therefore, it is prayed that the delay
in filing the reply of summons for judgment may kindly be condoned.
3. To this notice of motion reply is filed by defendant No.2 and
it is submitted that plaintiff has not disclosed any “Sufficient Reason”
for condonation of delay. According to defendant No.2 plaintiff has
failed to pursue his legal right diligently and he has been careless and
negligence in pursuing the matter. On 18.03.2017, letter was duly
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3 Notice of Motion No.450/18
in Summary Suit No.682/2016
acknowledged by the plaintiff's Advocate informing to the plaintiff that
defendant No.2 had entered appearance in the suit. For these reasons, it
is prayed that the notice of motion be dismissed.
4. Heard both sides. Perused the record. On 17.03.2017,
Advocate for defendants filed Vakalatnama and it was kept for
confirmation. On 27.03.2017, Advocate for defendant No.1 tendered
draft notice of motion for condonation of delay in entering the
appearance and it was kept for service and reply. Thereafter, on
02.02.2018, the present notice of motion is filed on record. Therefore, it
appears that due to the stages kept for service and reply of notice of
motion tendered by defendant No.1, summons for judgment was not
filed. Further more, the reason mentioned in the notice of motion for
condonation of delay that through oversight and quiting of Junior
Advocate from the firm for his personal reason, appears to be sufficient
cause for condonation of delay in filing summons for judgment.
Therefore, notice of motion needs favourable consideration. However,
for the delay caused on behalf of plaintiff, cost should be saddled.
Resultantly, I pass following order. :
ORDER
1) Notice of Motion No.450/2018 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.1,000 / (Rs. One Thousand Only)
to be paid to “District Legal Aid Services Authority” (DLSA) Mumbai,
on or before the next date.
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4 Notice of Motion No.450/18
in Summary Suit No.682/2016
2) Learned Advocate of plaintiff to take proper steps in respect of
summons for judgment on or before the next date.
3) Notice of Motion No No.450/2018 is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 17/10/2019
Dictated on : 17.10.2019
Transcribed on : 18.10.2019
Signed on : 22.10.2019
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5 Notice of Motion No.450/18
in Summary Suit No.682/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
23.10.2019 12.05 p.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 17.10.2019
Order signed by P.O. on 22.10.2019
Order uploaded on 23.10.2019
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