Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1997/2018 SUIT 322/2014 1
CNR NO. MHCC010065382018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1997 OF 2018
IN
S.C.SUIT NO.322 OF 2014
M/s.M+R Logistics(India) Pvt.Ltd. .. .. Plaintiffs
Versus
M/s.Business Post Express ...Defendants
Shri.Solkar advocate for the Defendants.
Shri.Kamlesh Daima advocate for the Plaintiffs.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
CR No. : 32
Dated : 3rd November 2018
ORDER
1. Defendant taken out this motion for :
a) 'No W.S' order dated 13/03/2018 be set aside.
b) Suit be dismissed against the defendant for non service of writ of
summons.
2. Defendant is the proprietor of M/s.Business Post Express and
carrying on the business on the address mentioned in the title clause of
the plaint. It is the contention of defendant that there was no service of
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NM 1997/2018 SUIT 322/2014 2
writ of summons on his official as well as residential address but
plaintiff has filed false affidavit and therefore, ‘no w.s’ order has been
passed against the defendant, hence, motion be made absolute in terms
of prayer clause.
3. Heard Ld.advocate Shri.Solkar for the Defendants and
Shri.Kamlesh Daima advocate for the Plaintiff.
4. After perusal of record, I found that plaintiff had taken out
application on 26/07/2017 to brought on record the new address of
the defendant but that application was allowed on 26/07/2017 and
Plaintiff had taken out chamber summons for new address of the
defendant – M/s.Business Post Express, Building No.27, flat B 704,
Suryamukhi Cooprative Housing Society, Near Chatrapati Shivaji Krida
Santaram Raut Chowk, Near Kedarnath Mandir, Behind BMC School,
Nehru Nagar, Kurla(E), the said chamber summons was withdrawn by
the plaintiff on 25/01/2018 hence, the chamber summons was disposed
of on the same day.
5. As per bailiff report writ of summons was served on Shri.Jayant
Korapurkar on behalf of the defendant on address Post Express,
Building No.27, flat B 704, Suryamukhi Cooperative Housing Society,
Near Chatrapati Shivaji Krida Santaram Raut Chowk, Near Kedarnath
Mandir, Behind BMC School, Nehru Nagar, Kurla(E) and plaintiff
tendered service affidavit along with bailiff report dated 20/12/2017.
6. After 25/01/2018 matter was adjourned for appearance of
defendant on 13/03/2018 but on that date defendant did not appear,
therefore, suit was proceeded ‘no w.s’ against the defendant. It is not
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NM 1997/2018 SUIT 322/2014 3
the contention of the defendant M/s.Business Post Express, Building
No.27, flat B 704, Suryamukhi Cooprative Housing Society, Near
Chatrapati Shivaji Krida Santaram Raut Chowk, Near Kedarnath
Mandir, Behind BMC School, Nehru Nagar, Kurla(E) is not their
address. As the writ of summons is properly served through bailiff on
the address mentioned above therefore, suit cannot be dismissed
against the defendant for non service of writ of summons.
7. Suit is for recovery of Rs.6,69,042/ with interest @ 18% .a.
against the defendant. Considering the nature of the suit ‘no w.s’ order
is required to be set aside and opportunity must be given to the
defendant to file their written statement on record.
8. The prayer (d) in the motion is already not pressed by the
defendant hence, not discussed. In view of above discussion, I pass the
order.
ORDER
1.Notice of Motion No.1997/2018 is made absolute only with respect to
set aside ‘no w.s’ order dated 13/03/2018.
2. Remaining prayer in the motion stands rejected.
Date : 03/11/2018 (Pushpa N. Rao)
Ad hoc Judge
City Civil & Sessions Court
Greater Mumbai
Direct typed on computer: 02/11/2018
Signed by HHJ on : 03/11/2018
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NM 1997/2018 SUIT 322/2014 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03/11/2018 at ( 5.45P.M.) Mrs. J.V.Pawar
Name of the Judge (With Court room No.) HHJ Smt. Pushpa N. Rao
(Court Room no.32)
Date of Pronouncement of JUDGMENT/ORDER 03/11/2018
JUDGMENT/ORDER signed by P.O.on 03/11/2018
JUDGMENT/ ORDER uploaded on 03/11/2018
.
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