Final Order 1

Order Details: Chamber summons
Pdf Text: CS 835-19 in Suit 883-17 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.835 OF 2019
IN
NOTICE OF MOTION NO. 4096 OF 2018
IN
SUIT NO.883 OF 2017
CNR NO. MHCC010042062019
Dr. Eleanor Pinto DeSouza .. Plaintiff
Versus
Mr. Vitus Peter Desa And Ors. .. Defendants
Adv. Pradnya Bansode for plaintiff.
Adv. Gawde for defendant.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
C.R. No. : 32
Dated : 4th May, 2019.
ORDER
1. Defendant taken out this chamber summons for
condonation of delay in Notice of Motion No. 4096 of 2018 and also
permission to make the necessary amendment in the motion itself.
2. Exparte order has been pass against the defendant on
27.03.2018. Therefore, defendant has taken out the motionNo. 4096 of
2018 to set aside the exparte order but in that motion no prayer for
condonation of delay was made. Hence, taken out this chamber
summons.
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CS 835-19 in Suit 883-17 2
3) Plaintiff filed the reply. There is a delay of 181 days in
taking out the motion for setting aside exparte order. Defendant is
taken out the court proceeding very casually Hence, chamber summon
be dismissed with cost.
4) Heard Ld Adv. Pradnya Bansode for plaintiff and Ld. Adv.
Gawde for defendant.
5) Defendant has already taken out motion no. 4096 of 2018
for setting aside the exparte order but there was no prayer made by the
defendant for condonation of delay. Unless and until delay is condoned
the prayer of the defendant in the motion can not be considered.
Considering the nature of suit and the reason assigned for condonation
of delay, I am of the view that if the delay is condoned by imposing cost
of Rs. 2000/ (Two thousand only) on the defendant then that will be
justifiable. Hence, I pass the following order.
ORDER
1. Chamber Summons No.835/2019 is made absolute in terms
of prayer clause subject to cost of Rs. 2000/ (Two thousand
only) be paid to the plaintiff.
Date : 04.05.2019 (Pushpa N. Rao)
Ad hoc Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 04.05.2019
Signed by HHJ on : 04.05.2019
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CS 835-19 in Suit 883-17 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 06.05.2019 at 12.30pm
NAME OF THESTOP GAP STENOGRAPHER : Mrs. P.S.Mahale
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 06.05.2019
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CS 835-19 in Suit 883-17 4
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