Final Order 1

Order Details: Chamber summons
Pdf Text: Order 1 Ch/s No. 965 of 2019
in Summ. Suit No. 930 of 2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.965 OF 2019
IN
SUMMARY SUIT NO.930 OF 2017.
Nandlal Kanayalal Talreja ... Plaintiff
V/s.
Tornado Motors Pvt Ltd and Ors. ... defendant No.2s
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 06.03.2020
Advocate, Kavita Lalwani for plaintiff.
Advocate, Sachin Nakshe for defendant.
ORDER
This is a Chamber Summons taken out by the defendant No.2 for
condonation of delay for reply to Summons for Judgment. The plaintiff
has filed reply to the same.
2. Perused the Chamber Summons and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant No.2 that during relevant period
the then advocate was not appearing in the matter and did not
communicate about the summons for judgment tendered by the plaintiff
and for the said reason the defendant No.2 could not file reply to the
Summons for Judgment with in a stipulated period. Therefore, 408
days delay is caused for filing reply to the Summons for Judgment
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2 Ch/s No. 965 of 2019
in Suit No. 930 of 2017
within stipulated period.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant No.2, this court holds during relevant
period the then advocate was not appearing in the matter and did not
communicate about the summons for judgment tendered by the plaintiff
and for the said reason the defendant No.2 could not file reply to the
Summons for Judgment with in a stipulated period. The reason given by
the defendant No.2 for delay is satisfactory. The delay caused for filing
reply to Summons for Judgment this Suit is explained properly.
5. In these backgrounds, the Chamber Summons deserves to be
allowed in the interest of justice and in consequence allowing the
defendant No.2 to file his reply to Summons for Judgment to the
Summons for Judgment. Hence, the order. :
ORDER
1. The Chamber Summons no.965 of 2019 is allowed
subject to cost of Rs.5,000/-. The cost shall be payable by
the defendant No.2 to the plaintiff on or before next
date.
2. The defendant No.2 is granted permission to file reply to
Summons for Judgment in the interest of justice. On
payment of cost to the plaintiff.
3. The Chamber Summons No. 965 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :06.03.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 06.03.2020.
Signed on : 06.03.2020.
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3 Ch/s No. 965 of 2019
in Suit No. 930 of 2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
06.03.2020 05.00 p.m. Miss. N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 06.03.2020
Order signed by P.O. on 06.03.2020
Order uploaded on 06.03.2020
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