Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.908/2018
in Summary Suit No.353/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS No.908 of 2018
(CNR NO. MH CC010068382018)
In
SUMMARY SUIT NO. 353 OF 2018
Akai Steels Private Limited
A Company incorporated under the provisions
of the Companies Act, 1956 having registered
office at 704, Ecstasy Commercial building
Nirmal Lifestyle Ltd, City of Joy,
Jata Shankar Dosa Marg,
Mulund(W), Mumbai 400 080 ....Plaintiff
V/s.
1. The Pristine Horizon Promoters & Developers
2nd Floor, Shivkrupa Complex,
Opp. D Mart, Hinjewadi Wakad Road
Hinjewadi, Pune411 057.
2. mSupply Ecommerce India Pvt Ltd
Registered office at # 117, 27th Main Sector2,
HSR Layot, Next to NIFT, Bengaluru561102
Mumbai Office Address :
502, Kaatyayani Business Center,
Off Mahakali Caves Road, MIDC, Near Marol Bus Depot,
Chakala Industrial Area,
Andheri (E), Mumbai400 093. ....Defendants
Appearance:
Mr. S.P. Pandey, Advocate for Plaintiff.
Mr. Sujit Lahoti, Advocate for Defendant No.2
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.No.40)
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2 Chamber Summons No.908/2018
in Summary Suit No.353/2018
DATE : 7th September, 2019.
ORDER
1. This Chamber Summons is taken out by defendant No.2 for
condonation of delay of 32 days in entering appearance and filing
vakalatnama.
2. It is submitted that defendant No.2 was served with the
Writ of Summons on 21.04.2018. He was continuously in contact with
defendant No.1 so far as claim of plaintiff is concerned. It is further
submitted that defendant No.2 was in constant contact with one Mr.
Nilesh Kamble, Purchase Manager and representative of Defendant No.1
who assured him that he had been in contact with the plaintiff and they
were ready and willing to pay the balance amount as claimed by plaintiff.
By Email dated 09.05.2018 addressed by Mr. Nilesh Kamble to Mr.
Ashish Kausadikar, (Key Account Manager), defendant No.2 for the fist
time realized that defendant No.1 was under going financial crisis and
was seeking another 4 to 5 months to make good payments to the
plaintiff. Therefore, according to defendant No.2, he was prevented by
this cause to enter, appear and file vakalatnama in the suit.
3. In reply of Chamber Summons, it is submitted by plaintiff
that defendant No.2 is indirectly confirming that there was purchase of
materials through platform of defendant No.2 and thus defendant No.1
and 2 are jointly liable to pay Rs.3,00,034/ only to plaintiff. According
to plaintiff, if Chamber Summons is allowed irreparable and irretrievable
harm, loss and prejudice would be caused to plaintiff as plaintiff was
paying monthly interest to their Banker.
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3 Chamber Summons No.908/2018
in Summary Suit No.353/2018
4. Heard both learned Advocates at length. It is not disputed
that defendant No.2 was served with Writ of Summons on 21.04.2018.
The reasons mentioned by defendant No.2 that because of the assurance
on behalf of defendant No.1 that the matter is likely to be settled
between them and plaintiff, defendant No.2 was prevented from entering
an appearance appears to be sufficient cause. Further more, in order to
decide suit on its own merit, I am of the opinion that defendant No.2
shall be granted an opportunity to enter, appear and file vakalatnama.
However, for the delay caused on behalf of defendant No.2, plaintiff
should be compensated sufficiently. Resultantly, I pass following order :
ORDER
1. Chamber Summons No.908/2018, is hereby allowed and made
absolute in terms of prayer Clause(a) on depositing cost of Rs.5,000/
(Rs. Five Thousand Only) to plaintiff on or before next date, without fail.
2. On depositing cost within the stipulated period as above, the
Vakalatnama filed on behalf of defendant No.2 be taken on record.
3. Chamber Summons No.908/2018, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 07/09/2019
Dictated on : 07.09.2019
Transcribed on : 09.09.2019
Checked on : 09.09.2019
Signed on : 09.09.2019
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4 Chamber Summons No.908/2018
in Summary Suit No.353/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
11.09.2019 11.55 a.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 07.09.2019
Order signed by P.O. on 09.09.2019
Order uploaded on 11.09.2019
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