Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 989/19 SUM.SUIT 1346/2017 1
IN THE CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.989 OF 2019
IN
SUMMONS FOR JUDGMENT NO.151 OF 2018
IN
SUMMARY SUIT NO.1346 OF 2017
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-002587-2019)
Tejaraj Manroopchand Tak ...Plaintiff
Versus
Rajendra Bhansali & Anr. ...Defendants
Appearances:-
Advocate Mr.Parekh for the Plaintiff.
Advocate Mr.Choube for the Defendants.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 21ST FEBRUARY 2020
J U D G M E N T
1. By this Notice of Motion defendants requested to condone the
delay caused in filing reply to the Summons For Judgment and accept
the reply on record. The plaintiff resisted the Notice of Motion. Heard
Ld Advocates on behalf of both the parties.
2. The affidavit in support of Notice of Motion reveals that the
summons for judgment though served on the defendants, the
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NM 989/19 SUM.SUIT 1346/2017 2
defendants staff kept the same in the cupboard and it was not informed
to the defendants. Later in February 2019, while cleaning the cupboards
the defendants noticed the summons for judgments. Thereupon
contacting advocate they prepared the reply to summons for judgment.
Therefore, delay has been caused. Considering the reasons mentioned
in the affidavit and in the interest of justice to decide the matter as per
the provisions of law under Order 37 of C.P.C.by giving opportunity to
the defendant to file his reply to summons for judgment, it is just and
proper to allow the notice of motion subject to costs. Hence, order as
follows is passed.
ORDER
1. The Notice of motion No.989/2019 is allowed as under:-
2. The delay caused to the defendants to file reply to summons for
judgment/leave to defend is condoned and the reply/leave to defend be
taken on record subject to costs of Rs.2000/- (Rs.Two Thousand only)
to be paid by the defendants to the plaintiff.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date:21/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 21/02/2020
Signed on : 24/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
25/02/2020 at 12.35p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
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NM 989/19 SUM.SUIT 1346/2017 3
(C.R.NO.28)
Date of pronouncement of Judgment/Order 21/02/2020
Judgment/Order signed by P.O. on 24/02/2020
Judgment/Order uploaded on 25/02/2020
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