Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 3028/22 in S.J. No. 33/2020 in 1 Order.
Summary Suit No. 14/19.
MHCC010091132022
Presented on : 20-08-2022
Registered on : 20-08-2022
Decided on : 31-01-2023
Duration : 0 years, 5 months, 11 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 3028 OF 2022
IN
SUMMONS FOR JUDGEMENT NO. 33 OF 2020
IN
SUMMARY SUIT NO. 14 OF 2019
M/s Neev Realtors )...Applicant/Defendant
In the matter between
Mukesh Jethmal Sanghvi )...Plaintiff
Versus
M/s Neev Realtors )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 31st JANUARY, 2023.
Miss Minal Parab, Advocate for the defendant.
Miss Kalpana Shah, Advocate for the plaintiff.
ORDER
1. The defendant has taken out the notice of motion for
condoning delay in filing affidavit in reply to Summons for Judgment
No. 33/2020 and for allowing him to file affidavit in reply in the said
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N/m No. 3028/22 in S.J. No. 33/2020 in 2 Order.
Summary Suit No. 14/19.
Summons for Judgment. Perused notice of motion and affidavit in reply.
Heard learned counsel Minal Parab for the defendant and learned
counsel Kalpana Shah for the plaintiff.
2. On perusal of record, it appears that the defendant had
already taken out the Notice of Motion No. 1929/2019 for marking
appearance and filing vakalatnama and it was allowed on 20/11/2019.
Subsequently, the plaintiff filed Summons for Judgment on
09/01/2020. The defendant is said to have been served with Summons
for Judgment on 25/02/2020 as per contents in affidavit in support.
The defendant has cited the reason of Covid19 pandemic in
justification of delay and referred various dates declaring lock down.
The defendant has placed on record affidavit in reply to Summons for
Judgment on 25/01/2023 and it is already affirmed on 11/04/2022.
Therefore, the defendant can be said to have prepared affidavit in reply
within limitation in view of directions of Hon'ble Supreme Court in Suo
Moto Writ Petition (Civil) No. 3/2020 dated 10/01/2022 extending the
period of limitation, but delay is caused in placing the same on record.
Therefore, reasonable cost can be imposed on the defendant. For this
reason, affidavit in reply to Summons for Judgment No. 33/2020 can be
taken into account by allowing present notice of motion. Hence, I pass
the following order :
ORDER
1. Notice of Motion No. 3028/2022 is made absolute in terms
of prayer clause (a) and (b) subject to cost of Rs.2,000/
payable to the plaintiff or Learned counsel of plaintiff on or
before the next date of hearing.
2. Affidavit in reply filed in S.J. No. 33/2020 shall be taken
into consideration on payment of cost as above.
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N/m No. 3028/22 in S.J. No. 33/2020 in 3 Order.
Summary Suit No. 14/19.
3. Proceeding of N/m No. 3028/2022 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 31/01/2023. Mumbai.
1. Dictated on : 31/01/2023.
2. Transcribed on : 31/01/2023.
3. Checked and Signed on : 01/02/2023.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01/02/2023. 2.01 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 31/01/2023.
Judgment/Order signed by P.O. on 01/02/2023.
Judgment/Order uploaded on 01/02/2023.
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