Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1689/19 in Suit No. 1581/18. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1689 OF 2019
(CNR NO. MHCC010046262019)
IN
SHORT CAUSE SUIT NO. 1581 OF 2018
(CNR NO. MHCC010059622018)
The Kurla Kamgar Co.op. Housing Society Limited
and Others ...Plaintiffs
Versus
Mr. Pankaj Vasant Hiwalkar ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 27th JUNE, 2019.
Mr. Dhamal, Advocate for Plaintiffs.
Mr. Mhatre, Advocate for Defendant.
ORAL ORDER
This is a motion taken out by defendant to set aside no
W.S. order passed by this Court dated 27/11/2018. Heard ld. Advocate
Mhatre for defendant at sufficient length.
2. It is strongly objected by advocate Dhamal for plaintiff. It
is submitted that no explanation is given by the defendant in respect of
impugned delay of 198 days. It is strongly resisted, in the alternative
prayed for cost of Rs.10,000/ (Rupees Ten Thousand Only).
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N/m No. 1689/19 in Suit No. 1581/18. 2 Order.
3. On perusal of motion and affidavit in support, no
satisfactory explanation is given for nonfiling written statement.
However it would be appropriate to decide the matter on merit.
Considering above facts, motion is allowed subject to cost of Rs.3,000/
(Rupees Three Thousand Only) be paid to plaintiff. Hence the order :
ORDER
1. The order dated 27/11/2018 is set aside subject to cost of
Rs.3,000/ (Rupees Three Thousand Only) be paid to
plaintiff, on or before next date.
2. Upon depositing cost or paid to plaintiff society, defendant
is at liberty to submit the written statement, on or before
next date.
3. N/M No. 1689/19 stands disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 27/06/2019. Mumbai.
1. Dictated on : 27/06/2019.
2. Transcribed on : 28/06/2019.
3. Signed on : 29/06/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 1689/19 in Suit No. 1581/18. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/06/2019. 5.25 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 27/06/2019.
Judgment/Order signed by P.O. on 29/06/2019.
Judgment/Order uploaded on 29/06/2019.
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