Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 803/19 SUM.SUIT 991/17 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.803 of 2019
IN
SUMMARY SUIT NO. 991 of 2017
(CNR NO.: MHCC010020862019)
Anchor Electricals Private Limited ...Plaintiffs
Versus
Jhalani Enterprises ...Defendants
Appearances:
Advocate Mr.Banarjee for Plaintiffs.
Advocate Mr.Kumbhar for Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 1ST NOVEMBER 2019
ORDER
This is notice of motion for condonation of delay of 34 days to file
appearance.
2. Heard Ld. counsel for defendant and Ld. counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 34 days to
file appearance?
Yes
2. What order? As per final order
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NM 803/19 SUM.SUIT 991/17 2
REASONS
AS TO POINT NOS.1 &2.
4. The Ld. counsel for defendant has submitted that the defendant
was suffering from heart burn, nausea/vomiting, severe throat irritation
and also pain in upper abdomen. The suit summons was served on adult
family member of the defendant. As defendant was suffering from
above illness the family member was not able to communicate about the
suit summons. For the treatment of illness the defendant was admitted
in hospital at Delhi. After discharge from the hospital the defendant
came to know about the suit summons, therefore, this application.
5. The Ld. counsel for plaintiff has replied to this application and
had stated that the defendant has taken false ground and the medical
certificate relied by the defendant mentions different ailment than the
contentions made by defendant in his affidavit in support. Defendant
has taken false ground therefore, application be rejected.
6. From the record it can be seen that there is delay of 34 days to
file vakalatnama on behalf of defendant. The defendant has taken
ground about illness. The defendant has annexed the medical certificate
to support his contentions. The argument of Ld.advocate for plaintiff
that the medical certificate contains different illness and the affidavit in
support mentions different illness, has no substance as in the affidavit in
support the defendant has mentioned about the pain suffer by him and
the medical certificate mentions the illness suffered by defendant.
Without taking any harsh view and as defendant is interested to contest
this suit it will be proper to give defendant a fair chance. The delay can
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NM 803/19 SUM.SUIT 991/17 3
be compensated. Therefore, point No. 1 is answered as 'Yes' and
following order is passed.
ORDER
1. Notice of Motion No.803 of 2019 is allowed.
2. The delay of 34 days to file appearance of defendant is condoned
subject to cost of Rs.1000/(Rupees One Thousand only) to be paid to
plaintiff.
3. On payment of cost, vakalatnama shall be taken on record.
4. Notice of Motion No.803 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:01/11/2019 City Civil Court,Gr. Bombay
Dictated on : 01/11/2019
Transcribed on : 01/11/2019
Signed on : 02/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/11/2019 at 3.20p.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
01/11/2019
Judgment/Order signed by P.O. on 02/11/2019
Judgment/Order uploaded on 06/11/2019
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NM 803/19 SUM.SUIT 991/17 4
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