Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1408/21 in Comm. Suit No. 468/2020. 1 Order.
MHCC010045352021
Presented on : 25-06-2021
Registered on : 25-06-2021
Decided on : 29-10-2021
Duration : 0 years, 4 months, 4 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1408 OF 2021
IN
COMMERCIAL SUIT NO. 468 OF 2020
A.B.Enterprises and Another ...Plaintiffs
Versus
M/s. Real Agencies & Others ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 29th OCTOBER, 2021.
Ms. Bhanushali, Advocate for the plaintiffs.
Ms. Manisha Mundhe h/f Usama Memon, Advocate for defendants no.2,
3, 4, 6 and 7.
Mr. Hafeez Patanwala i/b CNH & Associates, Advocate for defendant
no.5.
ORDER
1. The defendants no.2, 3, 4, 6 and 7 have taken out present
notice of motion for allowing them to file written statement by
condoning delay and to set aside the order dated 17/03/2021. Perused
notice of motion and replies. Heard both sides.
2. On perusal of record, it appears that defendants no.2 to 4,
6 and 7 appeared through their advocate and filed vakalatnamas (Exh.3
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N/m No. 1408/21 in Comm. Suit No. 468/2020. 2 Order.
and 4) on 24/02/2021. Then, no written statement order came to be
passed against these defendants on 17/03/2021. Affidavit of service
regarding writ of summons is not placed on record. In such
circumstances, date of appearance of the defendants can be taken into
consideration for counting the period of limitation for filing written
statement. Considering directions of Hon'ble Supreme Court in Suo
Moto Writ Petition (Civil) No. 3/2020 dated 23/09/2021, in computing
the period of limitation for any suit, appeal, application or proceeding,
the period from 15/03/2020 till 02/10/2021 shall stand excluded.
Consequently, the balance period of limitation remaining as on
15/03/2021, if any, shall become available with effect from
03/10/2021. It is further clarified that in cases where the limitation
would have expired during the period between 15/03/2020 till
02/10/2021, notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90 days from
03/10/2021. In the light of these directions of Hon'ble Supreme Court,
present defendants are entitled to file written statement in either
contingency. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 1408/2021 is made absolute in terms
of prayer clause 1 to 3.
2. Proceeding of N/m No. 1408/21 is closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 29/10/2021. Mumbai.
1. Dictated online on : 29/10/2021.
2. Signed on : 29/10/2021.
3. Delivered to Certified :
Copy Section on
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N/m No. 1408/21 in Comm. Suit No. 468/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/10/2021. 5.14 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/10/2021.
Judgment/Order signed by P.O. on 29/10/2021.
Judgment/Order uploaded on 29/10/2021.
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