Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.2920/2019
in Summary Suit No.513/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No.2920 of 2019
(CNR NO. MH CC010080472019)
In
SUMMARY SUIT No.513 OF 2018
Smt. Noorbai Umar Shah
Age : 80 years,
R/at : 22A, Bhiwandiwala Building
G.M. Bhosle Marg, Worli
Mumbai – 400 018 ….Plaintiff
V/s.
1) M/s. Cosmos Group
(Developers)
2) Pradip Chopra
Age : Adult, Indian Inhabitant,
Being the responsible person of
M/s. Cosmos Group Upgrading Life Style
Formerly known as M/s. Cosmos Reality
Both having address at : Office No.112,
1st Floor, Prime Plaza,
J.V. Patel Compound, Elphinstone Road,
(W) Mumbai 400 013.
Also at :
105/106/107 Prima Plaza,
J.V.Patel Compound,
Elphinstone Road (W)
Mumbai 400 013. ....Defendants
Appearance:
Ms. Sunita Perumal, Advocate for the Plaintiff.
Mr. D'silva, Advocate for the defendants
.
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2 Notice of Motion No.2920/2019
in Summary Suit No.513/2018
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 19 th October, 2019.
ORDER
1. This Notice of Motion is taken out by defendants for setting
aside the Exparte Order passed on 03.12.2018 and for taking written
statement on record.
2. In the affidavit in support of notice of motion, it is
contended that the defendants entered their appearance on 07.09.2018
and defendants were waiting for the plaintiff to file their summons for
judgment. Since the matter was transferred from Court Room No.28 to
Court Room No.20, Advocate for defendant was not present in Court
Room No.20. On 08.04.2019, Advocate for defendants requested the
Court to grant two weeks time to file the notice of motion and it was
granted. Therefore, it is prayed that the notice of motion may kindly be
allowed.
3. In reply to the notice of motion, it is submitted that while
entering the appearance in the suit, defendants did not give any
intimation to the plaintiff or their pleader as per procedure mentioned in
Sub Rule3 of Rule3 of Order XXXVII of Code of Civil Procedure (CPC).
For this reason, it is prayed that the notice of motion may be dismissed.
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3 Notice of Motion No.2920/2019
in Summary Suit No.513/2018
4. Heard both sides. From the record, it reveals that the
Exparte Order was passed against the defendants on 03.12.2018. Both
the defendants entered their appearance on 07.09.2018. While entering
their appearance, defendants did not intimate to plaintiff or their pleader
about their appearance. However, as defendants entered their
appearance, it was the stage for taking out summons for judgment by
plaintiff. On 03.12.2018, learned Advocate for plaintiff was present and
therefore from the record it seems that he had noticed appearance of
defendants. As rightly submitted by the learned Advocate for plaintiff
that after entering appearance by defendants suit can not be posted for
filing written statement as it is a Summary Suit. However, from the
reason mentioned in the notice of motion that due to transfer of suit
from one court to another the matter could not be attended by the
Advocate of defendant, appears to be sufficient reason. However, for the
delay caused on behalf of defendants, plaintiff should be compensated
sufficiently. Resultantly, I pass following order.
ORDER
1) Notice of Motion No.2920/2019 is partly allowed to the extent of
taking Vakalatnama of defendants on record subject to cost of
Rs.1,000/ (One Thousand Only) to be paid to plaintiff on or
before next date.
2) Notice of Motion No. 2920/2019 is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 19/10/2019
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4 Notice of Motion No.2920/2019
in Summary Suit No.513/2018
Dictated on : 19.10.2019
Transcribed on : 23.10.2019
Signed on : 24.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
24.10.2019 5.00 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 19.10.2019
Order signed by P.O. on 24.10.2019
Order uploaded on 24.10.2019
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5 Notice of Motion No.2920/2019
in Summary Suit No.513/2018
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