Order 1

Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100751/2018
Mr. Subhashkumar Prannath Gupta Vs Enviiro Bulkk Handling Systems Pvt Ltd
Applicant
Date : 11012023
Business : Adv.Ganesh Shetty for plaintiff present. He seeks
time to file amended copy of plaint. None for
defendant. ORDER ON NOTICE OF MOTION
NO.751/18 This N/M is filed for condonation of
delay is 23days in filing reply to Summons for
Judgment (SJ). Plaintiff has objected the N/M by
filing reply. Record reveals long standing absence
of defendant. As short question is involved in the
N/M, same is taken for hearing. It has been
contended in affidavit in support of N/M owing to
the some pending proceedings before the other
forum and due to time lapsed in consultation with
the lawyer, some delay is occurred. It is also
contended that as the defendant was out of station
for business purpose. That added some delay.
Heard Ld.Adv.Ganesh Shetty for plaintiff. He
submits that as the defendant has suppressed true
facts from the court, the N/M is not maintainable
in law. He further submits that the amount due is
in fact admitted by the defendant and therefore,
defendant has come with vague and false
application. He submits that delay is not properly
explained hence, same be rejected. Considering
the reason for the delay mentioned in N/M and
short period of delay, I do not find that the delay is
intentional or deliberate. Hence, N/M is deserved
to be allowed. ORDER 1. Notice of Motion No.
751/18 is allowed in terms of prayer clause (a) 2.
Reply filed by defendant be taken on record.
Nature of Disposal : ALLOWED
Disposal Date : 11012023
COURT 61 ASST SESSIONS JUDGE
-- 1 of 1 --