Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 469 OF 2019
IN
EXECUTION APPLICATION NO. 430 OF 2018.
IN
SUMMARY SUIT NO. 646 OF 2013.
Javed Turabuddin Inamdar …. Applicant/Orig.Defendant
(Judgment Debtor)
IN THE MATTER BETWEEN
Rajkumari Chandramani Tiwari …. Plaintiff
V/s
Javed Turabuddin Inamdar …. Defendant
Appearance:
Adv. Ashokkumar Dubey for Decree Holder / Plaintiff present.
Adv. Sandeep Rankhabhe for Judgment Debtor / Defendant
present.
Coram: H.H.J.Shri. A.V.Kharkar
C.R.No.15 Dt. 15/06/2022.
ORDER
This is Chamber Summons moved Under O.9 R.11 of the
CPC. Setting to set aside and O.37 of R.(4) of the CPC for setting
aside the Exparte Decree.
The factual matrix is of the case is as follows :
1. Summary Suit No. 646/2013 was filed by one Rajkumari
Tiwari against the applicant Javed Inamdar for recovery of the
amount of the Rs. 2,18,300/ alongwith the interest. In the suit
the defendant filed his appearance within time. Thereafter, the
plaintiff moved S.J. which, admittedly which was served upon
the defendant. The defendant applied for a leave to defend. By
order dtd. 29/04/2016 a conditional leave to defend was
granted to defendant subject to depositing amount of
Rs. 1,85,000/ within 4 weeks.
2. The Roznama shows that, the defendant did not comply
with condition and remained absent and consequently the suit
came to be decreed.
Contd.1 /
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3. The contention of the applicant is that, he is driver by
Profession and he is continuously moving due to the nature of
his vocation. He was unable to instruct his counsel. He has a
bonafide defence and wants to contest the suit on merits.
4. The Counsel for the plaintiff has submitted that, Provision
of O. 9 R.13 would not apply as the defendant has appeared in
the suit. No ground is made out for recalling the Judgment.
5. This is a suit under O.13 R.7. The procedure is set out in
Order 37. As per the record the defendant had appeared within
time. He was granted leave to defend the suit. He did not
comply with the order and did not file his W/st. In such case the
Judgment cannot be said to be and Exparte Judgment and
cannot be set aside under O. 9 R.13 or under provision of O. 37.
Hence, following order is passed.
ORDER
1. The Chamber Summons No. 469/2019 stands rejected.
2. Accordingly, Chamber Summons No. 469/2019 stands
disposed off.
Dt.15/06/2022 A.V.Kharkar
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 15/06/2022
HHJ signed on : 15/06/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/06/2022 04.555 p.m. (Ms. U.T. Walunj)
UPLOAD DATE AND TIME NAME OF TYPIST
Name of the Judge (With Court
room no.)
SHRI A.V. Kharkar.
(C.R. No.27)
Date of Pronouncement of
JUDGMENT/ ORDER
15/06/2022
JUDGMENT/ORDER signed by P.O.
on
15/06/2022
JUDGMENT/ORDER uploaded on 16/07/2022.
Contd.2 /
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