Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M 1617/2019 in Sum. Suit 694/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.1617 OF 2019
IN
SUMMARY SUIT NO. 694 of 2018
CNR NO.: MHCC010043772019
Wooplr Technologies Pvt. Ltd. ...Applicant
In the Matter of
Interactive Avenues India Pvt. Ltd. … Plaintiff
Versus
Wooplr Technologies Pvt. Ltd. … Defendant
Appearances:
Advocate Ms. Charusheela More for the Plaintiff.
Advocate Ms. Tania Balwa for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 27TH SEPTEMBER 2019
ORDER
This is Notice of motion for condonation of delay for 141 days to
file appearance.
2. Heard Learned counsel for defendant and Learned counsel for
plaintiff.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
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2 N/M 1617/2019 in Sum. Suit 694/2018
POINTS FINDINGS
1. Whether there is sufficient cause
to condone the delay of 141 days
to file appearance?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 &2.
5. The Learned counsel for defendant has submitted that the
summons for appearance was served to office boy of the defendant
company. The office boy kept the summons with himself. Recently, the
defendant came to know about that summons. Defendant has good case
on merits and therefore, this application.
6. The Learned counsel for plaintiff has replied to this application
and had stated that there is delay of 178 days and wrongly defendant
has mentioned delay of 141 days, therefore the intentions of the
defendant are not proper and this application be rejected.
7. From the record it can be seen that there is delay of 178 days to
file vakalatnama on behalf of defendant. The defendant has taken
ground that the office boy received the summons but did not inform
defendant about it. Without taking any harsh view and as defendant is
interested to contest this suit it will be proper to give defendant a fair
chance. The delay can be compensated. Therefore, point No. 1 is
answered as 'Yes' and following order is passed.
ORDER
1. Notice of Motion No.1617 of 2019 is allowed.
2. The delay of 178 days to file appearance of defendant is
condoned subject to cost of Rs.2,000/ to be paid to plaintiff.
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3 N/M 1617/2019 in Sum. Suit 694/2018
3. On payment of cost, vakalatnama shall be taken on record.
4. Notice of Motion No.1617 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 27/09/2019 City Civil Court,Gr. Bombay
Dictated on : 27/09/2019
Transcribed on : 24/10/2019
Signed on : 24/10/2019
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4 N/M 1617/2019 in Sum. Suit 694/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
05/11/2019 4.00 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Shri. M.S.Lone
(C.R.NO.28)
Date of Pronouncement of
Judgment/Order.
27/09/2019
Judgment/order signed by P.O on 24/10/2019
Judgment/order uploaded on 05/11/2019
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