Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010038542019
CNR NO. MHCC010038542019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1459 OF 2019
IN
SUMMARY SUIT NO.1439 OF 2017
TRANS NATIONAL SHIPPING INDIA ]
PRIVATE LIMITED ] … Plaintiff
V/s.
SOPARIWALA EXPORTS PRIVATE ]
LIMITED ] ... Defendant
Appearances :-
Ld. Adv. Mr. Arnav Ghosh for plaintiff.
Ld. Adv. Mr. Sandeep Gadwal for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 08th October, 2021
ORAL ORDER
1. The present Notice of Motion is taken out by the plaintiff
for condoning the delay in taking out Summons for Judgment. It was
submitted by the plaintiff that there was delay of 229 days in filing the
Summons for Judgment. It was submitted that the matter was placed
on board on 07.08.2018, 11.09.2018 and 25.01.2019. As the Court was
vacant, the plaintiff could not file the Summons for Judgment and
therefore, delay be condoned.
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Sum.Suit 1439/17
2. The defendant filed reply and denied the contention of
plaintiff. It was submitted that the delay was of more than 400 days.
The delay is without any reasons and therefore, the Notice of Motion be
rejected.
3. Heard Learned Advocates for both the sides. The contents
are not reproduced. After going through the submissions it seems that
there was delay in filing Summons for Judgment. The reasons stated by
the plaintiff appears to be probable and thus sufficient and just to
condone the delay. The present suit is filed for recovery of amount and
therefore, if the delay is not condone the plaintiff would be put to
serious prejudice. No such harm would cause to the defendant. The
plaintiff will suffer irreparable loss and therefore, the delay is condone
in the interest of Justice. I, therefore, proceed to pass the following
order:
ORDER
1. Notice of Motion no. 1459 of 2019 is allowed.
2. The delay in filing Summons for judgement is condoned.
3. The plaintiff to file Summons for judgement on next date without
fail.
4. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08-10-2021 City Civil Court, Gr. MUMBAI
Dictated on : 08-10-2021
Transcribed on : 11-10-2021
checked on : 20-10-2021
Signed on : 20-10-2021
( 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”
20.10.2021 at 05.40 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
08.10.2021
Judgment/order signed by P.O. on 20.10.2021
Judgment/order uploaded on 20.10.2021
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