Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 968 of 2020
in Summ. Suit No. 769 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.968 of 2020
IN
SUMMARY SUIT NO.769 of 2019.
Jeevandeep Edumedia Pvt. Ltd. ... Plaintiff
V/s.
Mr. Ahad Shaikh (Manager) & Others ... defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 06.03.2020
Advocate, Ritika Iyer for plaintiff.
Advocate, Pravin Dhabade for defendants.
ORDER
This is a notice of motion taken out by the defendants No.2 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.2 that it was busy in
managing affairs of the school and due to heavy rains during the
relevant period Appearance and Vakalatnama could not be file within
stipulated time. Therefore, delay is caused for filing their appearance
and Vakalatnama on record in this suit.
-- 1 of 3 --
2 N/M No. 968 of 2020
in Suit No. 769 of 2019
4. Considering the submissions made by the advocates of the
plaintiff and the defendants No.2, this court holds that defendant No.2
was busy in managing affairs of the school and due to heavy rains
during the relevant period Appearance and Vakalatnama could not be
file within stipulated time. The reason given by the defendants No.2
for delay is satisfactory. The delay of 17 days 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.2 to file appearance and Vakalatnama in the suit. Hence,
the order. :
ORDER
1. The Notice of Motion no.968 of 2020 is allowed subject
to cost of Rs.1,000/-. The cost shall be payable by the
defendants No.2 to the plaintiff on or before next date.
2. The defendants No.2 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. 968 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date : 06.03.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 06.03.2020.
Signed on : 06.03.2020.
-- 2 of 3 --
3 N/M No. 968 of 2020
in Suit No. 769 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
06.03.2020 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 06.03.2020
Order signed by P.O. on 06.03.2020
Order uploaded on 06.03.2020
-- 3 of 3 --