Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013
CNR NO.MHCC010048212018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1552 of 2018
IN
S.C. SUIT NO. 3128 of 2013
Jayprakash P. Tripathi ].. .. Plaintiff
Versus
M/s. New Era Fabric Limited and Anr. ]...Defendants
Appearance:
Defendant and Advocate absent.
Advocate Mr. Tripathi for the plaintiff.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Dist.Judge
CR No. : 32
Dated : 1st December, 2018
ORDER
1. Defendant taken out this Notice of Motion for setting aside the
Order dated 18.02.2014 with prayer for condonation of delay of 1512
days in filing Written Statement.
2. After service of Writ of summons on defendant, they appeared in
the matter through Advocate and matter was adjourned for filing
written statement on 06.01.2014. On 18.02.2014, Advocate had
tendered application for adjournment for filing written statement but
that application was rejected. Hence, suit proceeded for evidence
without written statement. Matter was also sent for mediation but
mediation could not taken place. Thereafter, defendant not appeared in
the matter. Again in the year 2018, defendant contacted their Advocate
that time they came to know that Advocate has stopped to attend the
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:2: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013
matter. After inquiry, defendant came to know that suit is being
undefended and plaintiff filed evidence and by order dated 07.09.2016
Court has passed the Order no cross on behalf of defendant and matter
was posted for argument on 19.10.2016.
3. In above circumstances, delay has been caused in filing
written statement and prays that motion be made absolute.
4. Plaintiff filed their reply. Defendant handling the matter in
the very casual manner. Plaintiff has denied all the averment in the
motion. Delay is not satisfactorily explained in filing the written
statement. Hence, motion be dismissed with cost.
5. Defendant and Advocate absent. Heard the Ld. Advocate
Mr. Tripathi for the plaintiff.
6. Defendant taken out this motion but remain absent for
hearing. Itself clearly shows that defendant is not serious about the
matter. Therefore, I am of the view that defendant is not entitled for
condonation of huge delay in filing the written statement and pass the
following Order:
ORDER
Notice of Motion No.1552 of 2018 is dismissed with cost.
Date : 01.12.2018 (Pushpa N. Rao)
Ad hoc Asst. Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer: 01.12.2018
Signed by HHJ on : 01.12.2018
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:3: N.M. No. 1552/2018 in S.C. Suit No. 3128/2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01.12.2018 at (4.36 p.m.) Mr. Subhash Sukhdeo Poul
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
01.12.2018
JUDGMENT/ORDER signed by
P.O.on
01.12.2018
JUDGMENT/ ORDER uploaded on 01.12.2018
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