Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.2400 of 2016 1 Suit No. 464/2016
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.2400 of 2019
IN
SUIT NO.464 of 2016.
Sanghvi Pankajkumar Parasmal. ... Plaintiff
V/s.
M/s. Rishab Steel House and Ors. .. Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 13.01.2020
Mr.Dipesh Siroya, Advocate for plaintiff.
Mr. Fernando, Advocate for Defendant.
ORDER
This is a notice of motion taken out by the defendants to delete/to
strike out the name of the defendant no. 3 from the suit.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3.` The defendant no.3 has been duly served with the suit summons
long back i.e. prior to the more than one year. The defendant no. 3 has
not appeared in the suit within 10 days from the date of the service of
the suit summons as per the mandate of the order XXXVII of the Code of
Civil Procedure. Unless, defendant files notice of motion for
condonation of delay for filing his appearance in the suit and get delay
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Notice of Motion No.2400 of 2016 2 Suit No. 464/2016
condoned, he cannot move any application for striking out or deletion
of parties from the suit. In this background, it is held that this
application is not maintainable and is liable to be rejected. Hence, pass
the following order :
ORDER
1. The Notice of Motion no.2400 of 2019 is rejected.
2. The Notice of Motion No. 2400 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date:13.01.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 13.01.2020
Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
16.01.2020 05.00 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 13.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 16.01.2020
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Notice of Motion No.2400 of 2016 3 Suit No. 464/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
07.01.2020 at 03.45 pm. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 07.01.2020
Order signed by P.O. on 07.01.2020
Order uploaded on 07.01.2020
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Notice of Motion No.2400 of 2016 4 Suit No. 464/2016
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