Final Order 1

Order Details: Notice of Motion
Pdf Text: NM In SC 756/16 Oral Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1205 OF 2018
(CNR NO.MHCC010038592018 )
IN
SUMMARY SUIT NO.756 OF 2016
Ambalal Jain ...Plaintiff
V/s
Pundalik Mahadu Shirsat ...Defendant
Coram : His Honour Judge Shri M.M.Umar
(C.R. No.28)
Dated : 14/08/2018
Adv. Mr.Ramesh Jain for plaintiff.
Adv. Mr.Dahigaokar for defendant.
ORDER BELOW NOTICE OF MOTION NO.1205/18
1. This Notice of Motion is taken out by the defendant for
setting aside the order of 'no reply' to the Summons for Judgment taken
out by the plaintiff. The learned advocate for plaintiff has given no
objection for permitting the defendant to file the reply.
2. Heard. On perusal of the case record, it appears that after
service of the writ of summons, the defendant and his advocate gave
the appearance in the aforesaid suit within 10 days from the service of
writ of summons. It appears that thereafter the plaintiff took out
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NM In SC 756/16 Oral Order 2
Summons for Judgment, it was served upon the defendant but due to
oversight of advocate of defendant as he was busy with some other
matter he could not file the reply to Summons for Judgment within 10
days after service of Summons for Judgment. It appears that learned
advocate for plaintiff has given no objection for allowing the present
Notice of motion. Therefore, I do not find any impediment in allowing
the Notice of Motion. In the result, following order:
: ORDER :
1. Notice of Motion no.1205/18 is allowed.
2. The defendant is permitted to file the reply to the Summons for
Judgment, on or before the next date, without fail.
3. Notice of Motion no.1205/18 is disposed of.
(M.M.UMAR)
Judge,
14/8/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 14/8/18.
Date of Transcription : 14/8/18.
Date of signature : 16/8/18
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NM In SC 756/16 Oral Order 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
16.08.18 11.30a.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgement/Order.
10.08.18
Judgement/order signed by P.O on 16.08.18
Judgement/order uploaded on 16.08.18
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