Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.216919 in Sum. Suit No.99517
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2169 OF 2019
IN
SUMMARY SUIT NO. 995 OF 2017
(CNR NO. MHCC010060332019)
M/s. Thakur Industries …. Plaintiff
Versus
M/s. KH Foges India Private Limited ….Defendant
Appearance:
Smt. Kiran Ravat, Advocate for plaintiff.
Shri. Sachin Pandey, Advocate for defendant.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 22/08/2019
ORDER
1) The Notice of Motion is filed by defendant to
condone the delay to file reply to Summons for Judgment. The
Notice of Motion is supported by affidavit of Gautam Suri,
Constituted Attorney of defendant. He on oath stated that the
Summons for Judgment was sent to the office which was in the
shifting process and non functioned from 01/12/2018 to
31/01/2019. Therefore, they were not aware of the Summons for
Judgment and could not file the reply within time. The intention
of defendant is not to delay the suit. Hence, prayed to condone
the delay.
2) The plaintiff filed reply through affidavit of Mr.
Khalid S. Thakur, one of the partner of plaintiff firm. He has
...1/
-- 1 of 4 --
NM No.216919 in Sum. Suit No.99517
2
denied the contents of the Notice of Motion. The identity of
Gautam Giri is not disclosed by defendant. The authority of that
person is not filed on record. Hence, prayed to dismiss the Notice
of Motion.
3) Heard Advocate Smt. Kiran Ravat for defendant and
Advocate Shri. Sachin Pandey for plaintiff. Perused contents of
the Notice of Motion and reply supported by affidavit.
4) The suit is filed by the plaintiff for recovery of
Rs.13,10,368/. The defendant on oath has stated that due to
shifting of the office they were not able to file reply to the
Summons for Judgment. Considering the reason shown in the
Notice of Motion in the interest of justice to grant an opportunity
to contest the Summons for Judgment delay can be condoned but
on payment of cost to the plaintiff. No prejudice will cause to the
plaintiff. The Summons for Judgment will be decided on merits.
Hence, pass following order:
ORDER
1. The Notice of Motion is allowed on
payment of cost of Rs.5,000/ (Rs.
Five Thousand only) to be paid to the
plaintiff within 15 days failing which,
the Notice of Motion shall stand
dismissed.
2. On payment of the above amount
within the above period the
defendant to file reply to the
Summons for Judgment immediately
and that no further adjournments will
be granted to file reply to the
Summons for Judgment.
...2/
-- 2 of 4 --
NM No.216919 in Sum. Suit No.99517
3
3. Accordingly Notice of Motion is
disposed of.
(S.S. Nagur)
Date : 22/08/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 22/08/2019
Transcribed on : 23/08/2019
Signed on : 23/08/2019
...3/
-- 3 of 4 --
NM No.216919 in Sum. Suit No.99517
4
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
23/08/2019 & 2.44 p.m. : Mrs. Shobha Ashok Shekade
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 22/08/2019
Order
Judgment/Order signed by the P.O. on : 23/08/2019
Judgment/Order uploaded on : 23/08/2019
...4/
-- 4 of 4 --