Final Order 1

Order Details: Notice of Motion
Pdf Text: NM In SC 1187/17 Oral Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 852 OF 2018
IN
SUMMARY SUIT NO.1187 OF 2017
Mehta Bros, a Proprietary Firm, carrying on
business from Cabin no.1, A10, Shriram Ind.Estate,
Plot No.13, G.D.Ambekar Marg, Off.
Naigaon Cross Road, Wadala, Mumbai400031
through its proprietor Mr.Rakesh
Naginbhai Mehta, age 58 years an adult
of Bombay Indian Inhabitant carrying on
business in the name and style of Mehta Bros.
As its Proprietor. ...Plaintiff
V/s
1. Rainbow Printing Press, a firm
carrying on business from :
a) Agadi Ind. Est., Subhash Road,
Jogeshwari Mumbai400060 and from
b) 19, Blue Chip Ind.Est. NO.5, Behind
Mahindra Showroom, Valiv Phata, Sativali
Road, Vasai (E).
2. Mr.Laxmikant Patel, an adult, age : not
known of Mumbai, Indian Inhabitant
carrying on business in the name and
style of RAINBOW PRINTING PRESS as its
Proprietor, residing at the following
addresses:
a) Bwing, Raja Tower (Sapta Ratna
Tower), Room no.1004, 10th Floor,
S.V.Road, Malad (W).
b) G/703, Krishna Residency, S.V.Road,
Malad (W), Mumbai – 400064. ..Defendants
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NM In SC 1187/17 Oral Order 2
Coram : His Honour Judge Shri M.M.Umar
(C.R. No.28)
Dated : 17/07/2018
Adv. Mr.Chande for plaintiff.
Adv. Mr.Thakur for defendant.
ORDER BELOW NOTICE OF MOTION NO.852/18
1. This Notice of Motion is taken out by the defendants for
condonation of delay of 80 days caused in filing of the
Vakalatnama/appearance. The plaintiff has resisted the said application
by filing reply.
2. Heard. The learned advocate for the defendants has
submitted that the Writ of Summons was served on the defendants on
22/11/2017. It is submitted that defendant no.2 Laxmikant Patel is
Senior Citizen aged 87 years and suffering from various ailments since
last 10 years, so also he has undergone byepass surgery. It is submitted
that when his son resumed the office at Vasai Thane, on 11/12/2017
his staff member Mr.Menon informed him about the Writ of Summons
served upon the defendant no.1, thereafter they inquired from the
concerned Court about the status of the suit and came to know that on
24/11/2017 the Court was not presiding and board was discharged.
Thereafter, they instructed to their advocate to contest the suit but the
relevant documents sere not available therefore the delay was caused in
filing the Vakalatnama. It is submitted that the delay is caused due to
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NM In SC 1187/17 Oral Order 3
bonafide and genuine reason and if the delay is not condoned, serious
prejudice would cause to the defendants as they have good case on
merits.
3. Per contra, the learned advocate for plaintiff has submitted
that the Notice of motion is taken out with malafide intention to delay
the matter. It is pertinent to mention here that the plaintiff has filed the
affidavit mentioning therein that he has objection if thenotice of motion
is allowed.
4. Considering the above submissions of both the sides and the
reason given by the defendants for not giving the appearance or filing
the Vakalatnama within 10 days from the date of service of Writ of
Summons, appears bonafide. So also, it appears that the plaintiff has
filed the affidavit and has given no objection if the notice of motion is
allowed, hence in these peculiar circumstances the interest of justice
requires to allow the Notice of Motion. In the result, following order :
ORDER
1. Notice of Motion no.852/18 is allowed.
2. The delay caused for giving the appearance/Vakalatnama by
defendant is hereby condoned.
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NM In SC 1187/17 Oral Order 4
3. Notice of Motion no.852/18 is thus disposed of.
(M.M.Umar)
Judge,
18/7/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 18/7/18.
Date of Transcription : 18/7/18.
Date of signature : 19/7/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.07.18 12.00 a.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri MM Umar (CR
No.28)
Date of Pronouncement of
Judgement/Order.
17.07.18
Judgement/order signed by P.O on 19.07.18
Judgement/order uploaded on 21.07.18
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