Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 515/2018 SUM.SUIT 3959/2009 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.515 OF 2018
IN
SUMMARY SUIT NO. 3959 OF 2009
(CNR NO.: MHCC010020112018)
M/s.Samadhan Enterprises ...Plaintiff
Versus
Bharat Abrasives & Chemicals Ind.& Anr. ….Defendants
Appearances:
None for plaintiff.
Advocate Mr. P.M.Bhatt for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 2ND NOVEMBER 2019
ORDER
This Notice of motion is for restoration of original suit and to set
aside exparte decree dated 14/10/2014 along with condonation of
delay.
2. Heard Ld.Counsel for defendants. Plaintiff was served notice but
they remained absent. Therefore, this application is proceeded without
reply.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
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NM 515/2018 SUM.SUIT 3959/2009 2
POINTS FINDINGS
1.Whether there is sufficient cause to
set aside exparte decree dated
14/10/2014 and to condone delay?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.Counsel for defendant has submitted that this s uit was
filed in the Hon'ble High Court of Bombay. The plaintiff has filed
summons for judgment. That summons for judgment was contested by
defendants. The Hon'ble High Court after hearing both sides, granted
unconditional leave to defendants. Thereafter, the case was transferred
to this court. Meanwhile, the defendant No.2 suffered from heart
disease. The advocate of defendants was also reluctant to appear before
the City Civil Court. In this circumstances, defendants lots the track of
the case. When the defendants were served notice of execution about
the exparte decree at that time they came to know about the exparte
decree passed against them. Hence, t his application.
5. The contentions raised by defendants are supported by
documents. The record shows that originally this suit was filed before
the Hon'be High Court. After hearing both sides the Hon'ble High Court
was pleased to grant unconditional leave to defendant. Thereafter, the
case was transferred to this court. The reasons stated by defendants are
satisfactory. Plaintiffs have not contested this application. Delay can be
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NM 515/2018 SUM.SUIT 3959/2009 3
compensated in terms of money. Therefore, point No.1 is answered as
'Yes' and following order is passed.
ORDER
1. Notice of Motion No.515/2018 is allowed.
2. The delay of 465 days to file this notice of motion is condoned
subject to payment of cost of Rs.10,000/ to the plaintiff.
3. On payment of cost, the exparte decree dated 14/10/2014 shall
be set aside and suit shall be restored for filing of written statement.
4. Notice of Motion No.515/2018 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 02/11/2019 City Civil Court,Gr. Bombay
Dictated on : 02/11/2019
Transcribed on : 02/11/2019
Signed on : 02/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/11/2019 at 3.10p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
02/11/2019
Judgment/Order signed by P.O. on 02/11/2019
Judgment/Order uploaded on 06/11/2019
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