Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.142418
CNR No. MHCC010045002018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1424 OF 2018
IN
SUIT NO.3232 OF 2012
(HIGH COURT SUIT NO.1067 OF 2012)
Kali Devi Chunnilal Pawar ...Plaintiff
V/s.
Santaprasad Chaube & Ors. ...Defendants.
Appearances:
Ld. Adv Mr. Mishra for plaintiff.
Ld. Adv Ashutosh Shukla for defendant nos.1(b) and 1(c).
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 11th APRIL, 2019
ORDER
1. Defendant nos.1(b) and 1(c) have filed this notice of motion for
setting aside order dated 29.01.2018 and defendants be permitted to
pay the cost of Rs.4,860/ to the plaintiff by extending time granted by
order dated 06.07.2017.
2. Defendants further contention is that defendants could not be
filed written statement within stipulated period of time of 30 days
therefore, suit is proceeded exparte against them. Defendants
preferred Notice of Motion No.2813 of 2016 for setting aside order
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dated 30.09.2015 and taking written statement of defendants on
record. After hearing of both the parties, Notice of Motion No.2813 of
2016, by order dated 06.07.2017 made absolute, subject to payment of
cost of Rs.4,860/ to the plaintiff and directed defendants to pay the
cost to the plaintiff within period of one month from the date of order
dated 06.07.2017.
3. Defendants further contention is that though he was required to
pay cost, defendant no.1(b) was keeping unwell for longer period of
time and was suffering from liver infection and his Advocate lost his
contact number so, could not paid the amount therefore, defendant
seeking set aside the order dated 29.01.2018.
4. Plaintiff has given say on the notice of motion itself and strongly
objected this notice of motion.
5. I have heard Advocate for both the parties.
6. Considering the statement on oath of defendant no.1(b) as he
was not feeling unwell and suffering from liver disease, he could not
contact his Advocate so, not deposited the amount. This is sufficient
ground for setting aside order dated 29.01.2018. With this, notice of
motion is allowed and accordingly, I proceed to pass the following
order:
O R D E R
1. Notice of Motion No.1424 of 2018 is allowed.
2. Order dated 29.01.2018 is set aside and defendants be permitted
to pay cost of Rs.4,860/ to the plaintiff as per order in Notice of Motion
No.2813 of 2016 by extending time granted by order dated 06.07.2017
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for filing written statement.
3. Defendant to comply the order on or before 03.05.2019.
4. Notice of Motion No.1424 of 2018 stands disposed of accordingly.
( KALPANA S. HORE )
Judge,
Dated : 11/04/2019 City Civil Court, Gr. Mumbai
Dictated on : 11/04/2019
Transcribed on : 12/04/2019
Signed on : 12/04/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
18.04.2019 5.28 p.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Smt. K. S. HORE (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
11.04.2019
JUDGEMENT /ORDER signed by
P.O. on
12.04.2019
JUDGEMENT /ORDER uploaded
on
18.04.2019
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