Final Order 1

Order Details: Chamber summons
Pdf Text: C/S 978/19 SUM.SUIT 758/18 1
IN THE CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.978 OF 2019
IN
SUMMARY SUIT NO.758 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR.NO.MHCC01-005124-2019)
Reshma Manohar Dodeja ...Plaintiff
Versus
Vistar Metal Industries Pvt.Ltd.& Anr. ...Defendants
Appearances:-
Advocate Ms. Kavita Lalwani for the Plaintiff.
Advocate Mr.Alan h/f.Mr. Sandeep Ladda for the Defendant.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 28th February, 2020
O R D E R
1. By Chamber Summons the defendants requested to condone the
delay caused to file Leave to defend. The plaintiff resisted the Chamber
summons. Heard the ld advocates on behalf of both the parties.
2. Worth to note in view of order dtd.14.10.2019 passed by NCLT,
the proceeding against defendant No.1 has been kept in abeyance as it
has been prohibited. However, the suit has proceeded against defendant
No.2.
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C/S 978/19 SUM.SUIT 758/18 2
3. Admittedly the summons for judgment was served on the
defendants on 14.02.2019. However, the defendants did not file leave to
defend within stipulated period of 10 days. The reasons mentioned for
delay are that time was required to search for the papers and as the
same were not traceable, the same were secured from the plaintiff.
Further for some days the director of defendants was out of Mumbai.
Therefore, delay is caused. It is not disputed that the defendant
obtained papers from the plaintiff after service of summons for
judgment. It may be that for want of papers and as the defendant's
director was out of Mumbai, time required to prepare leave to defend.
Considering the same circumstances and the period of shortness of
delay and to decide the matter on merits by following the process of
Order 37 it is just and proper to allow the leave to defend on record.
Cost may be imposed on the defendants. Hence, order as follows is
passed:
ORDER
1. The Chamber Summons No.978 of 2019 is allowed as under.
2. Delay caused to the defendant to file the leave to defend is
condoned and the leave to defend be taken on record subject to cost of
Rs.2000/- to be paid to the plaintiff by defendant No.2 .
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 28/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 28/02/2020
Signed on : 03/03/2020
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C/S 978/19 SUM.SUIT 758/18 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04/03/2020 at 1.40p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 28/02/2020
Judgment/Order signed by P.O. on 03/03/2020
Judgment/Order uploaded on 04/03/2020
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