Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 909 of 2019
in Summ. Suit No. 355 of 2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.909 OF 2019
IN
SUMMARY SUIT NO.355 OF 2018.
M/s. Hindustan Cargo Limited ... Plaintiff
V/s.
M/s. Medianman Infotech Pvt. Ltd. ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 07.03.2019
Advocate, Kapadia for plaintiff.
Advocate, Mousma Ansari for defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing reply to Summons for Judgment.
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 relevant period due
transfer of matter from Dindoshi Court and non availability of its
advocate the defendant could not file reply to the Summons for
Judgment with in a stipulated period. Therefore, 113 months delay is
caused for filing reply to the Summons for Judgment within stipulated
period.
4. Considering the submissions made by the advocates of the
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2 N/M No. 909 of 2019
in Suit No. 355 of 2018
plaintiff and the defendant, this court holds that during relevant period
due transfer of matter from Dindoshi Court and non availability of its
advocate the defendant could not file reply to the Summons for
Judgment with in a stipulated period . The reason given by the
defendant for delay is satisfactory. The delay caused for filing reply to
Summons for Judgment 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 reply to Summons for Judgment to the Summons
for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no. 909 of 2019 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 reply to
Summons for Judgment in the interest of justice on
payment of cost to the plaintiff.
3. The Notice of Motion No. 909 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :07.03.2019 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 07.03.2019.
Signed on : 07.03.2019.
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3 N/M No. 909 of 2019
in Suit No. 355 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
07.03.2019 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 07.03.2019
Order signed by P.O. on 07.03.2019
Order uploaded on 07.03.2019
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