Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT
MUMBAI
NOTICE OF MOTION NO. 971 OF 2020
IN
COMMERCIAL SUIT NO. 276 OF 2019
(CNR NO. MHCC010026402020)
Conde Nast (India) Pvt. Ltd. ]...Plaintiff
V/s.
Pret Study by Janak Fashions Pvt. Ltd. ]...Defendants
Appearances:
Ld. Adv. Deeshank Doshi for plaintiff.
Ld. Adv. Mr. Gaurav Lele for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 18th February, 2021.
ORDER
The defendant by this notice of motion seeks permission to
file written statement. The defendant also had prayed to set aside the
Order dated 12.02.2020 i.e. suit to proceed without written statement.
The defendant also had prayed to condone the delay more than 30 days
to file written statement.
2. Heard learned Advocate for the plaintiff and learned
Advocate for the defendant.
3. It is the case of the defendant that writ of summons was
served on 09.01.2020. The defendant had appeared on 29.01.2020.
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Order on NM No.971-2020 .. 2..
The suit was adjourned on 12.02.2020 for filing of written statement.
The defendant could not file documents and also could not file the
written statement by 29.01.2020. On 29.01.2020 the suit was
adjourned to 12.02.2020. It is stated that defendant be permitted to file
written statement and delay in filing the written statement be
condoned.
4. The learned Advocate for the plaintiff Deeshank Doshi had
objected the notice of motion and further had submitted to order of the
Court.
5. The defendant was served with suit summons on
09.01.2020. The defendant on 12.02.2020 could not file written
statement. It was ordered by the Court that suit would proceed without
written statement. On 25.02.2020, the present notice of motion is
preferred by the defendant to file written statement.
6. The defendant can be permitted to file written statement
within 120 days from the receipts of suit summons by the plaintiff.
Admittedly, the period of 120 days is not over till 25.02.2020 i.e. filing
of present notice of motion. It is the contention of the defendant in the
notice of motion that it had to collect documents. The documents could
not be collected within time period granted by the Court. The written
statement, therefore, could not be filed.
7. The delay to file written statement is sufficiently explained
by the defendant. The delay deserves to be condoned. The notice of
motion needs to be allowed. In the result, following order is passed.
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Order on NM No.971-2020 .. 3..
O R D E R
1. The Notice of Motion No. 971/2020 is allowed.
2. The delay to file the written statement is condoned.
3. The defendant is permitted to file the written statement
forthwith.
4. The notice of motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 18.02.2021 Gr.Bombay at Mumbai.
Dictated on : 18.02.2021
Typed on : 20.02.2021
Signed by H.H.J.on : 23.02.2021
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Order on NM No.971-2020 .. 4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.02.2021 at 12.00 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
18.02.2021
Judgment/order signed by P.O. on 23.02.2021
Judgment/order uploaded on 24.02.2021
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