Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.990/2019 in Sum. Suit No.1423/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 990 OF 2019
CNR NO.:MHCC010025882019
IN
SUMMARY SUIT NO. 1423 OF 2017
M/s Adinath Incorporation ….Plaintiff
Versus
M/s Supreme Readymade Garment ...Defendant
Appearances:
Advocate Mr. Akshay Shah for the Plaintiff.
Advocate Mr. Sutar for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 8th APRIL, 2019.
ORAL ORDER
1. Defendant has stated due to his financial and family problems he
could not appear in the suit. Defendant has further stated that after
demonetization his entire business was collapsed and he was not in
financial position to consult the lawyer. Defendant has further stated
that plaintiff did not furnish him copies of annexure alongwith
summons of alleged claim made by plaintiff.
2. Plaintiff has filed reply and stated that there are no reasonable
grounds stated by defendant to condone delay. Plaintiff has further
stated that the copy of Plaint alongwith document was furnished at the
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:2: N.M. No.990/2019 in Sum. Suit No.1423/2017
time of issuance of Summons and prayed for rejection of the
application.
3. It appears that suit has proceeded exparte against defendant on
02.04.2018 and draft Notice of Motion is filed on 11.06.2018. Hence it
appears that there is delay of more than two months on the part of
defendant to appear in the matter. Considering the reason stated by
defendant that he is facing financial and family problems, it appears
delay on his part is not intentional. But considering the reason stated
and circumstances of the case it appears, it will be proper to condone
delay subject to cost to be given to plaintiff.
4. Yet plaintiff has not taken out Summons for Judgment,
therefore, no question of giving leave to defend to defendant and
permission to file Written Statement as per Order XXXVII of the Code of
Civil Procedure, 1908, at this stage arises. Hence, following order:
O R D E R
1. Notice of Motion No.990 of 2019 is allowed in terms of prayer
clause (a), subject to cost of Rs.1,000/ to be given by defendant to
plaintiff.
2. Notice of Motion No.990 of 2019 stands disposed of.
(S.P. AGARWAL)
Judge,
Date: 08.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 08.04.2019
Transcribed on : 08.04.2019
Signed on : 08.04.2019
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:3: N.M. No.990/2019 in Sum. Suit No.1423/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09.04.2019 At 5:38 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
08.04.2019
Judgment/Order signed by P.O. on 08.04.2019
Judgment/Order uploaded on 09.04.2019
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