Final Order 1

Order Details: Notice of Motion
Pdf Text: NM In SC 862/17 Oral Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
UNREGISTERED NOTICE OF MOTION
IN
SUMMARY SUIT NO.862 OF 2017
M/s.Chetana Stationary ...Plaintiff
V/s
ABS International School & Ors. ...Defendants
Coram : His Honour Judge Shri M.M.Umar
(C.R. No.28)
Dated : 16/08/2018
Adv. Mr.Lakhani for plaintiff.
Adv. Mr.Dattatray Parab for defendants.
ORDER BELOW UNREGISTERED NOTICE OF MOTION
1. This Notice of Motion is taken out by the defendant for
condoning 12 days delay in filing the application 'Leave to defend'
under Order XXXVII Rule 5 of CPC.
2. The learned advocate for the plaintiff has given his no
objection to allow the Notice of Motion as there is only 12 days delay.
3. Heard. It appears on perusal of the case record that the plaintiff
has filed the present Summary Suit for recovery of Rs.1,61,937/ with
interest. It appears that after service of Writ of Summons the defendant
appeared in the Suit. Thereafter, the plaintiff took out the Summons for
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NM In SC 862/17 Oral Order 2
Judgment and it was received by the advocate of defendant on
12/4/2018 by Registered Post A.D. It is submitted that as the defendant
went to Jounpur Uttarpradesh to attend the marriage of his relative, he
was not in a position to give proper instructions to his advocate for
filing application of leave to defend. It is seen that there is only 12 days
delay in filing the application leave to defend and as such the learned
advocate for the plaintiff has given no objection, hence, in view of the
matter, considering the reason, the interest of justice requires to
condone the delay. In the result, following order:
: ORDER :
1. Unregistered Notice of Motion is allowed.
2. The delay caused in filing the application leave to defend is hereby
condoned and permission is granted to the defendant to file the reply
affidavit to Summons for Judgment, on or before the next date without
fail.
3. Notice of Motion be registered for statistical purpose.
(M.M.UMAR)
Judge,
16/8/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 16/8/18.
Date of Transcription : 16/8/18.
Date of signature : 18/8/18
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NM In SC 862/17 Oral Order 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.08.18 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgement/Order.
16.08.18
Judgement/order signed by P.O on 18.08.18
Judgement/order uploaded on 18.08.18
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