Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 178/21 in Comm. Suit No. 218/2020. 1 Order.
MHCC010005142021
Presented on : 18-01-2021
Registered on : 18-01-2021
Decided on : 02-02-2021
Duration : 0 years, 0 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 178 OF 2021
IN
COMMERCIAL SUIT NO. 218 OF 2020
M/s Gitco Vincom Private Limited ...Plaintiff
Versus
M/s Della Adventure & Resorts Private Limited
and Another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 2nd FEBRUARY, 2021.
Mr. Pandey, Advocate for Plaintiff.
Mr. Shubro Dey, Advocate for Defendants No.1 and 2.
ORDER
This is a motion tendered by defendant to set aside order of
‘No W.S.’ dated 05/12/2020. Perused reply endorsed overleaf of the
notice of motion. It is strongly objected by plaintiff.
2. Ld. Adv. Shubro Dey for defendants no.1 and 2 submits
that upon first service of summons, there is an amendment carried out
in the plaint para 3, thereafter copy of amended plaint was served by
plaintiff on 04/03/2020. It is requested to peruse the letter vide Exh.D
alongwith affidavit in support of the motion. Thereafter during the
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N/m No. 178/21 in Comm. Suit No. 218/2020. 2 Order.
period of lock down, defendant could not appear. It is requested to set
aside the order dated 05/12/2020. Defendant is present alongwith the
written statement.
3. Ld. Adv. Pandey for plaintiff requested to peruse objection
endorsed by the plaintiff on overleaf of the notice of motion. It is
submitted for appropriate order to be passed.
4. On perusal of affidavit in support of the motion, there are
sufficient grounds mentioned by the defendant in failure to file the
written statement. However, it is not disputed by the plaintiff that after
amendment in the plaint, copy of the amended plaint came to be served
on defendant on 04/03/2020. Considering entire facts on record, it
would be appropriate to decide the suit on merit. Hence the order :
ORDER
1. Notice of Motion No. 178/2021 is allowed.
2. Order of ‘No W.S.’ dated 05/12/2020 is set aside.
3. No order of cost.
4. N/m No. 178/2021 is disposed off.
5. Copy of W.S. is marked vide Exh.9, copy served on
plaintiff.
(G.G.BHANSALI)
Judge, City Civil & Sessions Court,
Date : 02/02/2021. Mumbai.
1. Dictated on : 02/02/2021.
2. Transcribed on : 02/02/2021.
3. Signed on : 02/02/2021.
4. Delivered to Certified :
Copy Section on
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N/m No. 178/21 in Comm. Suit No. 218/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/02/2021. 3.50 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 02/02/2021.
Judgment/Order signed by P.O. on 02/02/2021.
Judgment/Order uploaded on 06/02/2021.
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