Interim Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3440 OF 2019
IN
COMMERCIAL SUIT NO.32 OF 2019
1. Mr. Pravin Juneja.
2. Mrs. bela Pravin Juneja
Res. At : E47, Greater Kailash,
Part – 2, New Delhi – 110 048. ...Plaintiffs
V/s.
1. M/s. Peninsula Crossroads Pvt. Ltd.,
Formerly known as
M/s. L&T Crossroads Pvt. Ltd.
Peninsula Spenta, Mathuradas Mills
Compound, Senapati Bapat Marg,
Lower Parel, Mumbai – 34.
2. M/s. CBRE South Asia Pvt. Ltd.
Ground Floor PTI Building,
4 Parliament Street, New Delhi – 110 001.
3. Municipal Corporation of Greater Mumbai
Through Ward A, 134 – E, Shahid
Bhagatsingh Road, Fort,
Mumbai – 400 001. ...Defendants
Appearances :
Ld. Adv. Mr. Shah for plaintiff.
Ld. Adv. Ms. Apoorva Pawar for defendant No.1.
Ld. Adv. Mr. Lakshyaved Odhekar for defendant No.2.
None present for defendant No.3.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 16th September, 2019
MHCC010093932019
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NM No.3440/2019 .. 2 .. Comm. Suit No.32/2019
ORDER
Defendant No.2 has taken out this NM for setting aside
exparte order dt.20/07/2019 and allow its WS on record.
2. It is argued on behalf of applicant / D2 that the postal
envelope containing writ of summons issued to D2 returned with postal
endorsement as “Refused”. On such endorsement exparte order is
passed against D2. The writ of summons was issued in the year 2019
while somewhere in June 2018 D2 has shifted its office to new address.
So there was no question for D2 to refuse the summons. As such there
is no service of summons on D2. D2 want to defend the suit.
Therefore, it be permitted to file WS on record by setting aside exparte
order.
3. Ld. counsel for plaintiff has resisted the application and
made submission to pass appropriate order.
4. No doubt suit summons is issued to D2 in the year 2019 as
per address available with plaintiff. However, now it is the submission
of D2 that somewhere in June 2018 D2 has shifted to new address.
This submission of D2 is not challenged by plaintiff. Therefore, in
absence of submission contrary I have no hesitation to accept the
defence of D2 that before issuance of summons D2 has left that
address. It goes to show that there was no proper service on D2. In
such circumstance it will be proper to give fair opportunity to D2 to
defend the suit. Accordingly, the order.
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NM No.3440/2019 .. 3 .. Comm. Suit No.32/2019
ORDER
1. NM No.3440/19 in Comm. SU No.32/19 is hereby allowed.
2. Exparte order dt.20/07/2019 passed against D2 is hereby set
aside and D2 is permitted to file WS on record.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 16/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 16.09.2019
Transcribed on : 16.09.2019
Signed on : __.09.2019
lhd/
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