Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION NO. --- 2021
IN
SUMMARY SUIT NO.23 OF 2021
(CNR NO.MHCC01-005283-2020)
Beena Dilesh Satra ...Plaintiff
V/s.
Kirti C. Chheda ...Defendant
Appearance :
Adv Mr. Gupta for plaintiff.
Adv Mr. Paras N. Vira for defendant.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 19/07/2022.
ORDER
The present draft notice of motion is taken out by the
defendant seeking condonation of delay for 101 days for filing reply to
the Summons for Judgment.
2. Perused the notice of motion and affidavit in support of it.
Heard Ld. advocate Mr. Paras for the defendant. He submits that
defendant is served with the Summons for Judgment on 24/08/2021
i.e. amidst is Covid-19 pandemic. He further submits that Hon’ble Apex
Court has extended all sort of limitation from time to time till
28/02/2022 and therefore this case is covered. He ultimately prays to
allow the notice of motion.
3. Adv Mr. Gupta for plaintiff objects the notice of motion and
submits that the reasons mentioned for condonation of delay are not
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just and proper. He further submits that considering the nature of the
suit, reply ought to have filed within 10 days.
4. Admittedly, the Summons for Judgment is served on the
defendant on 24/08/2021 i.e. during the lock-down and when the
Courts were not fully functional. The Hon’ble Apex Court by orders
from time to time in Suo Moto Writ Petition(C)No.3 of 2020, has
extended all sort of limitation from 15/03/2020 till 28/02/2022. In
view of the same, the case of the present defendant is covered, hence
notice of motion deserves to be allowed. In the result, I pass the
following order.
ORDER
1. Draft notice of motion is allowed in terms of prayer clause (a).
2. Defendant is permitted to file reply.
3. Draft notice of motion is disposed of accordingly.
4. Draft notice of motion be registered for statistical purpose.
Date- 19/07/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
Dictated on : 19/07/2022
Transcribed on : 20/07/2022
Signed on : 21/07/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/07/2022 Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
19/07/2022
JUDGMENT/ORDER signed by P. O. on 21/07/2022
JUDGMENT/ORDER uploaded on 21/07/2022
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