Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 789 of 2020
in Summ. Suit No. 706 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.789 of 2020
IN
SUMMARY SUIT NO.706 of 2019.
Mr. Yankavva Yallappa Andredi
C/o Lakshya Yallappa Andredi ... Plaintiff
V/s.
Mr. Ajay Gangaram Kamble ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20.02.2020
Advocate, Mr. Ramesh Jain for plaintiff.
Advocate, Vishal Gade for Defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing his appearance and Valalatnama on
record. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that during the relevant
negotiations as to settlement with the plaintiff were going on therefore.
Therefore, 183 days delay is caused for filing his appearance and his
Vakalatnama on record in this suit.
4. Considering the submissions made by the advocates of the
-- 1 of 3 --
2 N/M No. 789 of 2020
in Suit No. 706 of 2019
plaintiff and the defendant, this court holds that due to negotiation
between defendant and plaintiff as to settlement of the matter the delay
was caused for filing appearance and Vakalatnama on record within
stipulated period. The reason given by the defendant for delay is
satisfactory. The delay caused for filing filing his appearance and
Valalatnama on record this Suit is explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file his filing his appearance and Valalatnama on record to
the Summons for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no.789 of 2020 is allowed subject
to cost of Rs.2,000/-. The cost shall be payable by the
defendant to the plaintiff on or before next date.
2. The defendant is granted permission to file file his
appearance and Valalatnama on record in the interest of
justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 789 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date : 20.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 20.02.2020.
Signed on : 20.02.2020.
-- 2 of 3 --
3 N/M No. 789 of 2020
in Suit No. 706 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.02.2020 05.30 p.m.
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
-- 3 of 3 --