Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.2255/2019 ..1.. InS.C.Suit No.2513/2016
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 2255 OF 2019
IN
S.C. SUIT NO. 2513 OF 2016
CNR NO : MHCC010061922019
1. Anil Motwani,
Age : 34 Years, Occ. : Business,
2. Jalpa Anil Motwani,
Age : 31 Years, Occ. : Housewife,
Residing At : Flat No. 205,
Satnam CHS, Sion (West),
Mumbai 400 022. ...Plaintiffs
Versus
1. Anand M. Agrawal
Age : 69 Years, Occ. : Business,
Residing At : 10/5, Avant Apartments,
Jai Shankar Yagnik Marg,
Sion (East), Mumbai 400 022.
2. Ashish Jagdishchandra Goel,
Age : – Years, Occ. : Business,
Residing At : Flat No. 1201,
A Wing, Selfal Twins, Chembur,
Mumbai 400 089. ...Defendants
Appearance :
Ms. Remedios H/f Mr. Thorat, Advocate for the Plaintiff.
Mr. Bhillare, Advocate for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 17TH MARCH, 2021.
ORAL ORDER
By this notice of motion the defendant has sought
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Notice of Motion No.2255/2019 ..2.. InS.C.Suit No.2513/2016
condonation of delay of 252 days in filing written statement on
the ground that, the complete copy of plaint and other annexures
was served on him on 14.03.2019, though, he had appeared in
the suit in the year 2018.
2. This statement of fact is not denied by the plaintiff by filing
reply.
3. The service of summons is complete when the copy of
plaint and documents are served on the defendant. Considering
undisputed position in this case, the copy of plaint is served on
defendant on 14.03.2019. The draft notice of motion is taken on
18.04.2019 i.e. just after few days of first 30 days from the date
of complete service. In such circumstances, the notice of motion
needs to be allowed to afford an opportunity to the defendant to
contest the suit. Hence, following order:
ORDER
1. Notice of Motion No. 2255/2019 is allowed in
following terms.
(a) The delay if any stand condoned.
(b)The defendant No. 1 is allowed to file written
statement.
(c) The defendant No. 1 shall file written statement
on or before 31.03.2021
(AJIT N. MARE)
Judge,
Date : 17.03.2021 City Civil Court, Gr. Mumbai.
Dictated On : 17.03.2021
Transcribed on : 17.03.2021
HHJ Signed on : 18.03.2021
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Notice of Motion No.2255/2019 ..3.. InS.C.Suit No.2513/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
18.03.2021 5.36 p.m. Mahendrasing D. Patil
(Stenographer (GradeI)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No. 3)
Date of pronouncement of Order 17.03.2021
Order signed by P. O. on 18.03.2021
Order uploaded on 18.03.2021
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