Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1763 of 2018
CNR No.MHCC010057642018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1763 OF 2018
IN
SUIT NO.4835 OF 2007
Mrs. Jacqueline Anne Chaves And Anr. .. Plaintiffs.
Versus
Rodney Aloysius Melville Durate And Anr. .. Defendants
Appearance :
Ld. Advocate D'silva for plaintiffs.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 29.11.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 1 for
settingaside order dated 26.02.2018 passed in Notice of Motion No.
3861/2017 and for condoning the delay in filing the instant notice of
motion.
2. Counsel for defendant in the affidavit in support of motion
filed submitted that on 26.02.2018 earlier Notice of Motion No.
3861/2017 was for hearing. But advocate for defendant is due to his
previous assignment required to attend the matter at Pune DRT.
Therefore he had instructed his junior to attend the matter. On that day
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advocate for defendant was having various matters in another court.
Due to this advocate for defendant could not attend the matter and
notice of motion was dismissed and prayed to allow the motion.
3. Plaintiffs appeared and submitted that defendant no. 1 was
deliberately negligent in filing the written statement and also defendant
was delaying the matter. No sufficient cause has been made out and
prayed to reject the motion. In alternative they submitted that the
motion be allowed by imposing cost.
4. Heard Ld. Counsel for plaintiff. Perused the affidavit in
support of motion filed by the plaintiff and other material on record.
5. Upon perusing the the affidavit in support of motion and
considering the hearing it is apparent that there is delay in filing the
present notice of motion. Admittedly, defendant no. 1 had filed the
earlier Notice of Motion No. 3861/2017, which was dismissed.
Considering the hearing the court is of the opinion an opportunity can
be granted to the defendant to argue his of Motion No. 3861/2017 on
merit. The delay in the present notice of motion can be condoned by
imposing costs. In the interest of justice they can be granted opportunity
to contest the Notice Motion No. 3861/2017 on merit. Considering this
I pass the following order.
: ORDER :
1. Notice of Motion No. 1763 of 2018 is allowed in terms of
prayer clause (a)and (b) subject to cost of Rs. 5,000/.
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2. Cost be paid on or before next date to plaintiff. After the cost
is paid Notice of Motion No. 3861/2017 be restored at its
original stage and number.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 29.11.2018 Gr. Mumbai
Dictated on : 29.11.2018
Transcribed on : 29.11.2018
Signed on : 29.11.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 01.12.2018 at 11.25 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
29.11.2018
JUDGMENT/ORDER signed by P.O. on 29.11.2018
JUDGMENT/ORDER uploaded on 01.12.2018
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