Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.142518
CNR No. MHCC010045032018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1425 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 Paresh More for defendant no.4.
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 11th APRIL, 2019
ORDER
1. Defendant no.4 has filed this notice of motion for setting aside
order dated 29.01.2018 and defendant be permitted to pay the cost of
Rs.4,860/ to the plaintiff by extending time granted by order dated
06.07.2017.
2. Defendant's contention is that defendant 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.2816 of 2016 for setting aside order dated 30.09.2015 and
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taking written statement of defendants on record. After hearing of both
the parties, Notice of Motion No.2816 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. Defendant's further contention is that though the cost was
required being paid within one month, however, on account of the
defendant nos.3 and 4 not being in contact with their Advocate and the
Advocate for defendants having lost their contact numbers, could not
inform the defendants and consequently the cost could not get paid
within the directed period.
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.4 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.1425 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.2816 of 2016 by extending time granted by order dated 06.07.2017
for filing written statement.
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3. Defendant to comply the order on or before 03.05.2019.
4. Notice of Motion No.1425 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 5.31 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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