Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010029772019
CNR NO. MHCC010029772019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1148 OF 2019
IN
SUMMARY SUIT NO.1254 OF 2017
M/s. Chetana Book Depot ] … Plaintiff
V/s.
1. Sri Rajananda Public School ]
2. Mr. Dayananda Rao ] ... Defendants
Appearances :-
Ld. Adv. Mr. Sudhakar Lakhani for plaintiff.
Ld. Adv. Barge for defendants.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th November, 2021
ORAL ORDER
1. The present Notice of Motion is filed by the defendants for
condonation of delay in filing the Vakalatnama.
2. It was submitted by the defendant that there was no due
service of summons to the defendant in respect of present suit and
therefore the delay was caused. It was further submitted that the
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Notice/summons, was acknowledged by the employee of the defendant
No.1 who left the job and had not informed about the receipt of Notice
and summons. After searching the cupboard the defendant No.2 found
the summons copy and they approached the Court and obtained
documents and came to know that Ex-parte order is passed against
them. The defendant therefore intends to file Vakalatnama and settle
the matter as transaction amount has been paid.
3. The plaintiff filed reply and denied the contention of the
defendant and stated that the present Notice of Motion is misconceived
and not maintainable. The delay is not explained and therefore, the
Notice of Motion be dismissed.
4. Heard Learned Advocates for both the sides. The contents
are not reproduced. Admittedly there is delay in filing the vakalatnama
and appearance in the present matter. The reason of delay cited by
defendant appears to be genuine and reasonable. The delay whatever
caused does not appear to be deliberate and intentional. The defendant
wants to make appearance to defend the matter. It therefore seems that
in order to decide the real controversy between the parties it would be
necessary to allow the defendants to file his vakalatnama. If the delay
is not condoned, the defendant will suffer serious prejudice, whereas
no such harm would be caused to the plaintiff. Considering the nature
of the suit, an opportunity must be given to the defendant to make
appearance and proceed with the matter. The delay being properly
explained, there appears to have been sufficient cause and therefore,
the delay is condoned. I, therefore, proceed to pass the following
order:
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ORDER
1. The Notice of Motion No.1148 of 2019 is allowed.
2. The delay in filing Vakalatnama is condoned.
3. The defendant shall file his vakalatnama on next date without
fail.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08-11-2021 City Civil Court, Gr. MUMBAI
Dictated on : 08-11-2021
Transcribed on : 16-11-2021
checked on : 16-11-2021
Signed on : 16-11-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.11.2021 at 06.00 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
08.11.2021
Judgment/order signed by P.O. on 16.11.2021
Judgment/order uploaded on 16.11.2021
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