Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 885 of 2020
in Summ. Suit No. 604 of 2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.885 of 2020
IN
SUMMARY SUIT NO.604 of 2018.
Saraswati Marketing ... Plaintiff
V/s.
Vrushti Enterprises & Ors. ... defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 28.02.2020
Advocate Utsav Dalal, for plaintiff.
Advocate Dias, for defendants
ORDER
This is a notice of motion taken out by the defendants No.1 to 3
for condonation of delay for filing appearance and Vakalatnama 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 defendants No.1 to 3 that due to transfer of
this matter to another court defendants could not file their Appearance
and Vakalatnama with in stipulated time. Therefore, delay is caused for
filing their appearance and Vakalatnama on record in this suit.
4. Considering the submissions made by the advocates of the
-- 1 of 3 --
2 N/M No. 885 of 2020
in Suit No. 604 of 2018
plaintiff and the defendants No.1 to 3, this court holds that due to delay
caused due to transfer of these matter to other court the defendants
were unable to file their appearance and Vakalatnama in this suit. The
reason given by the defendants No.1 to 3 for delay is satisfactory. The
delay caused for filing appearance and Vakalatnama in 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
defendants No.1 to 3 to file appearance and Vakalatnama in the
presence suit. Hence, the order. :
ORDER
1. The Notice of Motion no.885 of 2020 is allowed subject
to cost of Rs.1,000/-. The cost shall be payable by the
defendants No.1 to 3 to the plaintiff on or before next
date.
2. The defendants No.1 to 3 is granted permission to put
his appearance and Vakalatnama in the interest of justice
on payment of cost to the plaintiff.
3. The Notice of Motion No. 885 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date : 28.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 28.02.2020.
Signed on : 28.02.2020.
-- 2 of 3 --
3 N/M No. 885 of 2020
in Suit No. 604 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
28.02.2020 05.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 28.02.2020
Order signed by P.O. on 28.02.2020
Order uploaded on 28.02.2020
-- 3 of 3 --