Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : N/M No. 1890/18 in S/J 165/17 in Suit 237/16
CNR No. MHCC010061722018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1890 OF 2018
IN
NOTICE OF MOTION NO. ….... OF 2017
IN
SUMMONS FOR JUDGMENT NO. 165 OF 2017
IN
SUMMARY SUIT NO. 237 OF 2016
Nemani Steels Pvt. Ltrd. .. Plaintiff.
Versus
Shri Ram Facrication. .. Defendant
Appearance :
Ld. Advocate Maulik K. Tanna for plaintiff.
Ld. Advocate Shashank P. Borade for defendant.
CORAM: SMT. S.S. NAGUR,
ADHOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R. No. 13).
DATE : 30th SEPTEMBER, 2019.
: ORDER :
1) The Notice of Motion is filed by the defendant to restore
unregistered Notice of Motion filed by defendant on 30.10.2017.
2) The Notice of Motion is supported by affidavit of Mr.
Amit Mali proprietor of Defendant Firm. He stated on oath that
earlier Notice of Motion could not be registered due to ill health of
his advocate's wife. He is residing at Sangli. His father was ill.
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Therefore he was not able to communicate with his advocate.
There is delay of 15 days to file reply to the Summons for
Judgment. An opportunity be given to the defendant to contest the
suit. Hence, prayed to allow the application.
3) The plaintiff filed reply through affidavit of Sharad
Nemani, authorized representative of the plaintiff Company and
denied the contents of the Notice of Motion in toto. The plaintiff
stated that the Notice of Motion is abused and misused by process
of law. The defendant failed to register the Notice of Motion to
condone the delay by filing reply. The defendant has always been
negligent to contest the Summons for Judgment. Hence, prayed to
reject the application.
4) Heard advocate Shri Shashank Borade for defendant and
advocate Shri Tanna for the plaintiff.
5) Perused the Notice of Motion, reply filed by plaintiff
supported b affidavit of both the parties.
6) Summary Suit is filed by the plaintiff to recover Rs.
6,53,078/ alongwith interest at the rate of 24% per month. The
transaction between plaintiff and defendant is business transaction.
The unregistered Notice of Motion was filed by the defendant to
condone the delay to file reply to Summons for Judgment. The
said Notice of Motion was not registered therefore it was dismissed
on 09.03.2018.
7) Thereafter on 26.04.2018 the present Notice of Motion is
filed by the defendant to contest the suit by setting aside dismissal
of unregistered motion. The defendant desires to contest the
Summary Suit. The reason shown in respect of illness of advocate
for defendant's wife. Considering the nature of the suit, in the
interest of justice, the Notice of Motion needs to be allowed but
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: 3 : N/M No. 1890/18 in S/J 165/17 in Suit 237/16
with certain directions and heavy cost to be paid by the plaintiff.
Hence, pass following order :
: ORDER :
1. The Notice of Motion is allowed on payment of cost of
Rs. 10,000/(Rs. Ten Thousand only) to be paid to the
plaintiff within 10 days of the order, failing which Notice
of Motion shall stand dismissed.
2. On payment of above cost within the above period, the
defendant be register the Notice of Motion immediately
and file registered Notice of Motion in the Court on the
same date of registration and proceed with the suit.
3. Accordingly Notice of Motion No.1890/18 is disposed of.
( S.S. NAGUR )
AdHoc & Asst. Sessions Judge
City Civil Court,
Date : 30.09.2019. Gr. Bombay.
Dictated on : 30.09.2019
Transcribed on : 01.10.2019
Signed on : 01.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 01.10.2019 5.00 p.m.
NAME OF STENOGRAPHER : Mrs. Mrs. Aparna V. Lele
Name of the Judge
(With Court Room No.)
HHJ Smt. S.S. Nagur
C.R. No.13
Date of Pronouncement of
JUDGMENT/ ORDER
30.09.2019
JUDGMENT/ORDER signed by P.O. on 01.10.2019
JUDGMENT/ORDER uploaded on 01.10.2019
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