Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 610/21 in Comm. Suit No. 483/2020. 1 Order.
MHCC010019402021
Presented on : 26-02-2021
Registered on : 26-02-2021
Decided on : 04-03-2021
Duration : 0 years, 0 months, 6 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 610 OF 2021
IN
COMMERCIAL SUIT NO. 483 OF 2020
Prakashchand Shantilal Jain ...Plaintiff
Versus
M/s Neev Realtors and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 4th MARCH, 2021.
Mr. Rajesh Patil, Advocate for Plaintiff.
Ms. Minal Parab, Advocate for Defendant Nos.1 and 3.
ORDER
This is a motion submitted by defendants no.1 and 3 to set
aside ex-parte order dated 28/01/2021. Learned Adv. Minal Parab for
defendants no. 1 and 3 submits that there is no intentional delay. There
is no intention of defendants to avoid the appearance. There is a delay
of 18 days. It is added that present suit is not tenable. It is requested to
accept the written statement.
2. Learned Adv. Rajesh Patil for plaintiff has raised strong
objection. It is submitted that defendants no.2 and 4 have intentionally
avoided to appear. On the contrary, summons is duly served on all
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N/m No. 610/21 in Comm. Suit No. 483/2020. 2 Order.
defendants. It is prayed for heavy cost.
3. Learned Adv. Parab submits that it would be appropriate to
decide the matter on merit. It is requested for nominal cost.
4. Defendants no.1 and 3 are ready alongwith written
statement. According to Adv. Parab, there are no instructions on behalf
of defendants no.2 and 4. Therefore, she cannot submit anything on
behalf of remaining defendants. Considering entire facts on record, it
would be justiciable to decide the suit on merit. Hence, the order :
- ORDER -
1. Notice of Motion No. 610/2021 is allowed, subject to cost
of Rs.1,200/- (Rupees One Thousand Two Hundred Only),
in total be paid to plaintiff.
2. The order dated 28/01/2021 is set aside subject to cost of
Rs.600/- (Rupees Six Hundred Only) each be paid by
defendants no.1 and 3.
3. Cost be paid on or before next date.
4. Written statement submitted by defendants no.1 and 3 is
marked vide Exh.4. (Copy is supplied to plaintiff.)
5. N/m No. 610/2021 is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 04/03/2021. Mumbai.
1. Dictated on : 04/03/2021.
2. Transcribed on : 04/03/2021.
3. Signed on : 04/03/2021.
4. Delivered to Certified :
Copy Section on
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N/m No. 610/21 in Comm. Suit No. 483/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/03/2021. 5.10 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/03/2021.
Judgment/Order signed by P.O. on 04/03/2021.
Judgment/Order uploaded on 05/03/2021.
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