Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 543/18 in Su 2316/15 1/2 Date : 7.3.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.543/2018
IN
SUIT NO.2316/2015
Narayan Dutta Gangadutta Ojha ]...Plaintiff
V/s.
M/s. Magma Fincorp Ltd. ]…Defendant
None for plaintiff.
Adv. Ms. Ekta Pednekar for defendant.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 7.3.2018
ORDER
(Dictated in open court)
1. This notice of motion is filed by defendant for condonation of
delay and for setting aside orders dated 25.4.2016 & 9.6.2017 and for
permission to file written statement.
2. Heard Ld. Counsel for the defendant.
3. It is stated in the affidavit filed in support of notice of motion
that the previous Advocate for defendant was not attending the matter
and the officer of defendants also left the organization. The main office
is at Kolkata and due to lack of coordination, reply and written
statement could not be filed. It is alleged that the plaintiff is a cronic
defaulter and an Arbitration award has been passed agaisnt the plaintiff.
Hence, considering the reasons given in the affidavit, I find that the
defendant has made out sufficient cause for condoning the delay in
filing written statement. However, plaintiff has to be compensated by
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N/M 543/18 in Su 2316/15 2/2 Date : 7.3.2018
imposing cost to the defendant. Hence, following order.
ORDER
1. Notice of motion no.543/2018 is made absolute in
terms of prayer clauses (a) and (b) subject to payment of
cost of Rs.2,000/ to the plaintiff within four weeks.
2. If cost is paid, written statement and reply be taken
on record.
3. If cost is not paid, the motion no.543/2018 shall stand
dismissed.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 7.3.2018 Gr. Bombay.
Dictated on : 7.3.2018
Typed on : 8.3.2018
Signed on : 9.3.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
9.3.2018 at 1.20 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
7.3.2018
JUDGMENT/ORDER signed by
P.O. on
9.3.2018
JUDGMENT/ORDER uploaded
on
9.3.2018
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