Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 :
CNR No.MHCC010037582018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1176 OF 2018
IN
S.C. SUIT NO.1971 OF 2016
Nemani Steels Pvt. Ltd. .. Plaintiffs
Versus
Marathon Nextgen Realty Ltd. And Ors. .. Defendants
Ld. Advocate M.K.Tanna for plaintiff.
Ld. Advocate P.S. Tare for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 31.10.2018
: ORDER :
1. This Notice of Motion is taken out by defendant for setting
aside order dated 05.04.2017.
2. Heard both parties. Perused the material on record.
3. Defendant submitted that pursuant to the notice of motion
dated 24.08.2016 received from the plaintiff, defendants appeared
before the court through advocate at the stage of direction on
22.10.2016. On 22.10.2016 matter was adjourned to 16.12.2016.
Thereafter by precipe plaintiff took the case on board on 23.11.2016
and filed an application for extension of time to file affidavit of service.
On 16.12.2016 and 07.02.2017 advocate for plaintiff was absent and
matter was adjourned to 05.04.2017 for writ of summons. Thereafter
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April, 2017 defendant's advocate informed the suit had proceed ex
parte against the defendants and matter was adjourned on 29.06.2017.
On 29.06.2017 presiding officer had gone for judicial training at Uttan
and matter was adjourned to 28.08.2017. Again matter was adjourned
to 04.01.2018 for exparte evidence. On 04.01.2018 advocate appeared
and requested to granted leave to take necessary steps to set aside the
exparte order against the defendant dated 05.04.2017. The defendant
submitted that their notice of motion be allowed. This contention is
opposed by the counsel for defendant.
4. Upon considering the hearing of the both parties it is evident
that there is negligence on the part of defendant. Thus, without going
into the issue and to decide the matter on merit, an opportunity is
granted to the defendant to put their defence. Thus, in the interest of
justice the notice of motion is allowed by imposing costs. Accordingly, I
pass the following order.
: ORDER :
1. Notice of Motion No.1176 of 2018 is allowed in terms of
prayer clause (a)(b) and (c) subject to cost of Rs. 10,000/ to
be paid to plaintiff.
2. Cost be paid on or before next date.
3. Written statement be taken on record after the cost be paid.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 31.10.2018 Gr. Mumbai
Dictated on : 31.10.2018
Transcribed on : 31.10.2018
Signed on : 31.10.2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 1.11.2018 at 03.12 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
31.10.2018
JUDGMENT/ORDER signed by P.O. on 31.10.2018
JUDGMENT/ORDER uploaded on 01.11.2018
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