Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION N0.1955 OF 2019
IN
SHORT CAUSE SUIT NO.2756 OF 2018
(CNR No.MHCC01-005428-2019)
Asif Kasam Kazi )...Plaintiff.
Versus )
Vidyasagar Narayan Jawaji & Ors. )...Defendants.
Appearance:-
Adv.Mr.H.I.Sirguroh for plaintiff
Adv.Mr.S.R.Yadav for defendant no.1.
Adv. Mr.Sagar Divekar a/w. Abhimanyu Mhapankar for defendant nos. 2
& 3.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE : 17/02/2020(C.R.No.31)
O R D E R
This is a notice of motion taken out by the defendant nos. 2 and 3
for accepting their written statement by set asiding no W.S. order passed
dated 25/02/2019. This notice of motion resisted on behalf of plaintiff
for filing reply. Read the present notice of motion, reply of the plaintiff.
Heard both the learned counsels on behalf of both the sides at length.
Perused record.
2. On scrutiny of pleadings of both the parties and on perusal of the
record, it appears to me that no W.S. order passed against defendant
nos. 2 and 3 dated 25/02/2019. This notice of motion taken out by the
defendants dated 20/04/2019. Admittedly, there is delay for about 78
days. The learned counsel on behalf of the defendant nos. 2 and 3 is
submitted that considering reasons mentioned in this notice of motion,
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the defendants are ready to pay minimum costs, if the Hon'ble Court
imposed. The learned counsel on behalf of the plaintiff has submitted
that if this Hon'ble Court come to the conclusion for allowing this notice
of motion, then maximum cost is to be imposed. Considering,
arguments of both the learned counsels on behalf of both the sides and
reasons mentioned in this notice of motion, I inclined to allow this
notice of motion by imposing costs of Rs.5,000/-. Hence, I have
proceed to pass following order.
ORDER
1. Defendant nos. 2 and 3's N/M No. 1955/19 is hereby allowed
subject to cost of Rs. 5000/-.
2. Defendants shall deposit cost amount to DLSA, Mumbai.
3. N/M No. 1955/19 is disposed off accordingly.
Date : 17/02/2020 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 17/02/2020
Transcribed on: 18/02/2020
Signed by HHJ: 20/02/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
17/02/2020
Judgment/order signed by P.O on 20/02/2020
Judgment/order uploaded on 20/02/2020
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