Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 1012 of 2020
in Summ. Suit No. 295 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.1012 of 2020
IN
SUMMARY SUIT NO.295 of 2019.
Mahindra Agri Solutions Limited ... Plaintiff
V/s.
Ambika Pulses ... defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 13.03.2020
Advocate,Prasad Kulkari for plaintiff.
Advocate, Aniket Mago for defendants.
ORDER
This is a notice of motion taken out by the defendant 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 defendant that he is permanent residence
of Latur and he could not reach Mumbai for entering his appearance in
the said suit due to heavy rains during the relevant period within
stipulated time. Therefore, delay is caused for filing their appearance
and Vakalatnama on record in this suit.
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2 N/M No. 1012 of 2020
in Suit No. 295 of 2019
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this court holds that the defendant is
permanant residence of Latur and he could not reach Mumbai for
entering his appearance in the said suit due to heavy rains during the
relevant period within stipulated time. The reason given by the
defendant for delay is satisfactory. The delay of 40 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
defendant to file appearance and Vakalatnama in the suit. The
inconvenience caused the plaintiff can be compensated by saddling on
the heavy cost on defendant Hence, the order. :
ORDER
1. The Notice of Motion no.1012 of 2020 is allowed subject
to cost of Rs.3,000/-. The cost shall be payable by the
defendant to the plaintiff on or before next date.
2. The defendant 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. 1012 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date : 13.03.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 13.03.2020.
Signed on : 13.03.2020.
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3 N/M No. 1012 of 2020
in Suit No. 295 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
13.03.2020 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 13.03.2020
Order signed by P.O. on 13.03.2020
Order uploaded on 13.03.2020
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