Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010035082018
CNR No. MHCC010035082018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1086 OF 2018
IN
SUMMARY SUIT NO.1442 OF 2017
Shri Rajendra Vishwas Deshmukh ] … Plaintiff
V/s
1. M/s. Arrows Dynamic Comtrade Pvt Ltd. ]
2. Arjun Gajanand Sawant ]
3. Vaidhehi Arjun Sawant ] ... Defendants
Appearances :-
Mr. N.K. Sharma Ld. Adv. for plaintiff.
Mr. Vikrant Parshuram, Ld. Adv. for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.13)
DATED : 5th April, 2021
ORAL ORDER
1. Defendant No.2 took out this Notice of Motion for
condonation of delay in filing the appearances and to allow defendant
Nos. 1 to 3 to enter their appearances.
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2. Perused Notice of Motion, Affidavit in support of Notice of
Motion and Affidavit in reply of plaintiff.
3. Heard Learned Advocate Mr. N.K. Sharma for plaintiff,
Learned Advocate Vikrant Parshuram for defendant.
4. Following points arise for my determination. I record my
findings thereof for the reasons mentioned below:
Sr.
No
POINTS FINDINGS
1. Whether delay in entering appearances of
defendant Nos.1 to 3 can be condoned?
In the affirmative.
2. Whether defendant Nos.1 to 3 can be
permitted to enter their appearances ?
In the affirmative.
3 What Order ? Notice of motion is
allowed as per final
order.
REASONS
As to point Nos.1 to 3.
5. In brief, it is contention of defendant No.2 Arjun Sawant
that defendants received copy of the plaint on 15-12-2017 along with
annextures therein. Defendant no.3 is his wife. He and His wife could
not appear before the Court within the stipulated time because of his
parents illhealth. He and his wife had some major business problems
therefore, sometime consumed for sorting out business problems.
6. Defendant No.1 is Company. He and his wife are Directors
of the Defendant no.1 Company. Delay in entering appearances is not
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intentional. Therefore, delay be condoned and Notice of Motion be
made absolute.
7. In brief, it is contention of the plaintiff that he has strong
objection for condonation of delay and permitting defendants to enter
their appearances. Defendants have not shown sufficient cause for
condonation of delay. Copy of writ of summons along with copy of
plaint and annextures are served upon defendants on 14.12.2017. The
grounds of condonation of delay is flimsy. No document is filed on
record to show the illhealth. Therefore, the Notice of motion be
dismissed.
8. According to the plaintiff, writ of summons with the copy of
the plaint with annextures are served on 14.12.2017. This Notice of
motion is registered on 13.03.2018. Affidavit in support of Notice of
Motion is dated 17.02.2018.
9. Perused Order 37 Rule 3 Sub Rule 1 of the Code of Civil
Procedure. As per the said Provision the plaintiff has to serve copy of
the plaint and annextures thereto to the defendant and the defendant
may at any time within ten days from such service enter an appearance
either in person or by pleader and he shall file in Court an address for
services of Notice on him.
10. In view of provisions of Order 37 Rule 3 Sub Rule 1 there is
delay in entering appearance of the defendant. Considering the
grounds for delay, I am of the opinion that the delay can be condoned
and defendant can be permitted to enter his appearance.
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11. Hence, in facts and circumstances delay in entering
appearances can be condoned. Defendant Nos. 1 to 3 can be permitted
to enter their appearances. Hence, I record my findings to point No.1
and 2 in the affirmative and point No.3 Notice of Motion is allowed as
per final order. Hence, following order:
ORDER
Notice of Motion no. 1086 of 2018 in Summary Suit no. 1442 of 2017 is
allowed as under-
1. Delay in entering appearances of defendant nos.1 to 3 is hereby
condoned.
2. Defendant nos. 1 to 3 are allowed to enter their appearances.
3. Time granted till next date to defendant nos. 1 to 3 to enter their
appearances.
4. Order dictated and delivered in open Court.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
Dt.: 05/04/2021 City Civil Court, Gr. MUMBAI
Dictated on : 05/04/2021
Transcribed on : 07/04/2021
Checked on : 08/04/2021
Signed on : 09/04/2021
( SHANKAR G. BORLEPWAR )
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”
09.04.2021 at 03.42 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 05.04.2021
Judgment/order signed by P.O. on 09.04.2021
Judgment/order uploaded on 09.04.2021
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