Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1626 OF 2019
IN
CHAMBER SUMMONS NO.1024 OF 2018
IN
S.C. SUIT NO.3392 OF 2008
(HIGH COURT SUIT NO.606 OF 2008)
1. Shree Durgamata Premises Co-op. ]
Society Ltd. & Ors. (Proposed) ] … Plaintiffs
V/s.
1. Nandu Tarachand Jain & Ors. ] ... Defendants
Appearances :-
Ld. Advocate Mr. Jayesh Bhatt for plaintiffs.
Defendant No.1 in person.
Ld. Advocate Mr. Jayesh Shukla for defendant Nos.3 & 4.
Ld. Advocate Mr. Lalit Jain for defendant Nos.5 & 6.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G .
BORLEPWAR
(C.R.No.20)
DATED : 29th September, 2019
ORAL ORDER
1. Defendant No.6 filed this Notice of Motion for extension of
time to comply order dated 01.02.2019 and to modify order dated
14.03.2019 passed in Chamber Summons No.1024 of 2018 by which
MHCC01-004435-2019
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defendant Nos.5 and 6 were directed to make discovery on oath and
give inspections of the documents.
2. Perused Notice of Motion, affidavit in support of Notice of
Motion and say of plaintiffs.
3. Following points arise for my determination. I record my
findings thereof for the reasons mentioned below:
Sr. No. POINTS FINDINGS
1. Whether defendant No.6 can be
permitted to comply the order dated
01.02.2019 by extending time to
comply ?
In the affirmative.
2. What Order ? Notice of motion is
allowed as per final
order.
REASONS
As to point Nos.1 & 2.
4. In brief, it is contention of defendant No.6 that plaintiff had
moved Chamber Summons No.1024 of 2018 for discovery on oath and
inspection of documents and for other reliefs. Defendant Nos.5 and 6
did not take any objection to the said Chamber Summons. The said
Chamber Summons made absolute as per Order dated 01.02.2019. The
defendant No.5 and 6 were directed by the said order and to file
compliance report within 5 days in view of Order XI Rule 3(4) of the
Code of Civil Procedure. It was also mentioned in the said order that
Non-compliance of the said order will invoke the power for necessary
directions under Order XI Rule 3(6) of the Code of Civil Procedure.
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5. The original documents which were mentioned in the
Chamber Summons were at the residence of defendant No.6 at Sahar.
The said documents were to be collected from the residence and
provide inspection for the same. On 08.02.2019 advocate of defendant
No.6 came for extension of time but the Presiding Officer was on
Mediation Training, therefore matter adjourned on 14.03.2019.
Defendant No.6 is student. He was pursuing Bachelor of Management
Studies in Finance 3rd years Degree from Jhunjhunwala College at
Ghatkopar as exams were commenced from 25.03.2019 to 03.04.2019.
Therefore, he was held up in exam studies. Consequently, he informed
to his advocate to get extension of time to comply the said order. His
Advocate could not appear before the Court for extension of time.
Therefore, on 14.03.2019 then Presiding Officer passed an order to face
the consequences under Order XI Rule 3(6) of the Code of Civil
Procedure. There was no intention not to comply the said order within
time. Therefore, Notice of Motion be made absolute.
6. In brief, it is contention of the plaintiff that defendant is
deliberately delaying the matter. Sufficient time is already given.
Therefore, exemplary costs be imposed.
7. Perused Order passed in Chamber Summons No.1024 of
2018. It is dated 01.02.2019. Perused Roznama / Noting dated
14.03.2019. As per Roznama dated 14.03.2019 defendant No.5 and 6
were directed to face consequences under Order XI Rule 3(6) of the
Code of Civil Procedure for non-compliance of the order dated
01.02.2019. Considering the grounds for non-compliance of the order
dated 01.02.2019, I am of the opinion that one opportunity can be
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given to the defendant No.6 to comply the said order dated 01.02.2019.
Therefore, I record my findings to point No.1 in the affirmative and
point No.2 the Notice of Motion is allowed as per final order. Hence
following order:
ORDER
Notice of Motion No.1626/19 is allowed as under :
1. Defendant No.06 is permitted to comply the order dated
01/02/2019 passed in Chamber Summons No.1024/2018 till
next date.
2. Due to Covid-19 Pandamic, it is not proper to direct defendant
no.06 to comply the said order within short period.
3. Defendant No.06 is permitted to comply the order dated
01/02/2019 passed in Chamber Summons No.1024/2018 on or
before 16/12/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 29/09/2020 City Civil Court, Gr. MUMBAI
Dictated on : 29/09/2020.
Transcribed on : 07/10/2020.
Checked on : 12/10/2020
Signed on : 13/10/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.09.2020 at 03.33 p.m.
UPLOAD DATE AD TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 29.09.2020
Judgment/order signed by P.O. on 13.10.2020
Judgment/order uploaded on 14.10.2020
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