Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1216 of 2018
CNR No.MHCC010039172018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1216 OF 2018
IN
S.C.SUIT NO.41 OF 2017
M/s. Servile Relocations Private Limited. .. Plaintiff.
Versus
M/s. M. S. Logistics .. Defendant
Ld. Advocate Kumar Kithari for plaintiff.
Ld. Advocate Bipin Sharma for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 22.10.2018
: ORDER :
This Notice of Motion is taken out by defendant to condone
the delay of 8 months 12 days in filing the written statement.
2. Counsel for defendant submitted that plaint was filed on
19.09.2016, registered on 04.01.2017 and served on 08.07.2017. But
due to some family problem defendant had gone to his native place.
Hence, he was not having sufficient time to appoint the counsel.
Defendant further submitted that if the defendant is not allowed to file
the written statement, it will cause irreparable loss and harm to the
defendant. There was no deliberate delay and prayed to allow the
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motion. This contention is opposed by the plaintiff.
3. Heard both the parties. Perused the material on record.
4. Upon considering the hearing there does not appears to be
deliberate delay. Without stretching this issue an opportunity is granted
to defendant to file the written statement on record in the interest of
justice by imposing costs. Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No. 1216 of 2018 is allowed in terms of
prayer clause (a) subject to cost of Rs. 5000/.
2. Cost be paid to plaintiff on or before next date.
3. Delay in filing the written statement is hereby condoned.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 22.10.2018 Gr. Mumbai
Dictated on : 22.10.2018
Transcribed on : 22.10.2018
Signed on : 22.10.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 23.10.2018 at 3.25 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
22.10.2018
JUDGMENT/ORDER signed by P.O. on 22.10.2018
JUDGMENT/ORDER uploaded on 23.10.2018
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