Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
MHCC010027132020
IN THE COURT OF JUDGE CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 989 OF 2020
IN
SUMMARY SUIT NO.682 OF 2016
White Airways ...Applicant
Versus
In the matter between
Air India Ltd. ...Plaintiff
V/s.
1. M/s. Sovika Airlines Services
Limited & Anr. ...Defendant
Appearance :
Ld. Adv. Yasmin Sarang for plaintiff.
Ld. Adv. Rudra Deosthali i/b. Shardul Amarchand Mangaldas & Co.for
Defendant No.2.
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 08/08/2022.
ORDER
The present Notice of Motion is taken on by defendant
No.2 seeking condonation of 18 days delay in filing leave to defend
2. Perused Notice of Motion alongwith affidavit in its support.
Ld. advocate for defendant No.2 submits that Summons for Judgment
was filed by the plaintiff on 16/12/2021. The copy of Summons for
Judgment was served on the defendant No.2 on 10/12/2021 However,
-- 1 of 3 --
2
reply could not be filed within time stipulated by law. Therefore
defendant has taken out present Notice of Motion for condonation of
delay. He submits that the delay is neither intentional nor deliberate. He
submits that Notice of Motion be allowed in the interest of justice and
he may be permitted to file reply.
3.
Per Contra Ld advocate for plaintiff objects the Notice of Motion
and submits that reasons are not sufficient to condone the delay.
4. As the delay is hardly of 18 days and as the Notice of Motion is
filed in the year 2020, I find it just and proper to allow the same.
Hence, the order.
ORDER
1. Notice of Motion No.989/2020 is allowed .
2. Defendant is permitted to file leave to defend.
3. Notice of Motion No.989/2020 is disposed off accordingly.
Date: 08/08/2022 (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai
Court Room No.61
Dictated on : 08/08/2022
Transcribed on: 10/08/2022
Signed on: 12/08/2022
-- 2 of 3 --
3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12/08/2022 Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
08/08/2022
JUDGMENT/ORDER signed by P. O. on 12/08/2022
JUDGMENT/ORDER uploaded on 12/08/2022
-- 3 of 3 --