Full Order Text
Final Order 1 · 13 Sept 2019 · CNR MHCC010059902018
Order Details: Notice of Motion Pdf Text: :1: N.M. No.1849/2018 in Suit No.3893/2008 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1849 OF 2018 CNR NO.: MHCC010059902018 IN SUIT NO. 3893 OF 2008 (HIGH COURT SUIT NO. 1495 OF 2008) Mr. Elesh Dahyalal Trivedi ...Plaintiff Versus Smt. Vinoda Natwarlal Barot and others. ...Defendants. Appearances: Advocate Ms. Sujata Narvekar for the plaintiff. Advocate Mr. Sachin Kudalkar for defendant Nos. 1, 2(a) to 2(c). Advocate Mr. Sule for defendant No.3. CORAM : HER HONOUR ADHOC JUDGE SONALI P. AGARWAL (C.R.NO.14) DATED : 13th SEPTEMBER, 2019. ORAL ORDER 1. Heard argument of advocates for defendant and plaintiff. 2. By this Notice of Motion, defendant is praying to set aside Ex parte order against defendant Nos. 2(a) to 2(c). Defendants have contended that no Writ of Summons were issued to them. According to defendants, amended plaint or Writ of Summons was not received by defendant Nos. 2(a) to 2(c). They have further stated that they have good case on merits. 3. Plaintiff has not specifically opposed such contentions of defendants. Hence, in the interest of justice, to give an opportunity to -- 1 of 3 -- :2: N.M. No.1849/2018 in Suit No.3893/2008 defendants to fight case on merits, in these circumstances of this case, it will be proper to allow the Notice of Motion. Hence, following order: ORDER 1. Notice of Motion No.1849 of 2018 is allowed. 2. Notice of Motion No.1849 of 2018 is disposed of. (SONALI P. AGARWAL) Adhoc Judge, Date: 13.09.2019. City Civil Court, Gr. Bombay. Dictated on : 13.09.2019 Transcribed on : 13.09.2019 Signed on : 13.09.2019 -- 2 of 3 -- :3: N.M. No.1849/2018 in Suit No.3893/2008 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 21.09.2019 At 12:45 p.m. Mr. Subhash Sukhdeo Poul UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Sonali P. Agarwal (C.R.NO.14) Date of pronouncement of Judgment/Order 13.09.2019 Judgment/Order signed by P.O. on 13.09.2019 Judgment/Order uploaded on 21.09.2019 -- 3 of 3 --