Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 313 of 2019
in Summ. Suit No. 555 of 2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.313 of 2019
IN
SUMMARY SUIT NO.555 of 2018.
Mrs. Razia Abbas Hetavar & Ors. ... Plaintiff
V/s.
M/s. Neminath Realty & Ors. ... defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20.02.2020
Advocate Pallavi, for plaintiff.
Advocate Gonsalves, for defendants
ORDER
This is a notice of motion taken out by the defendants No.1 to 5
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 5 that the postman had
delivered the packed of summons to the staff member of neighbouring
office and it has not been delivered and handed over them till last week
of December,2018. Therefore, delay is caused for filing their appearance
and Vakalatnama on record in this suit.
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2 N/M No. 313 of 2019
in Suit No. 555 of 2018
4. Considering the submissions made by the advocates of the
plaintiff and the defendants No.1 to 5 , this court holds that due to
delay caused by the staff member of neighbouring office to hand over
the summons received defendant were unable to file there appearance
and Vakalatnama in this suit. The reason given by the defendants No.1
to 5 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 5 to file appearance and Vakalatnama in the
presence suit. Hence, the order. :
ORDER
1. The Notice of Motion no.313 of 2019 is allowed subject
to cost of Rs.1,500/-. The cost shall be payable by the
defendants No.1 to 5 to the plaintiff on or before next
date.
2. The defendants No.1 to 5 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. 313 of 2019 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.
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3 N/M No. 313 of 2019
in Suit No. 555 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.02.2020 05.25 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
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