Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 625 of 2020
in Summary Suit No. 964 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.625 OF 2020
(CNR No.MHCC010016102020)
IN
SUMMARY SUIT NO.964 OF 2019.
Chetana Publication (I) LLP ... Plaintiff
V/s.
Ambika General Stores & Ans. ... Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 07.02.2020.
Appearances:
Ms. Megha Jani, Advocate for plaintiff.
Mr. Anand Kulkarni, Advocate for Defendants No.1 & 3.
: ORDER :
This is a notice of motion taken out by the defendant for
condonation of delay for filing appearance and Vakalatnama on record.
The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that due to Diwali Vacation from
23.10.2019 to 03.11.2019, Advocate for defendants could not file his
appearance and Vakalatnama on record. Therefore, 100 days delay is
caused for filing his appearance and his Vakalatnama on record in this
suit.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the defendant was
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2 N/M No. 625 of 2020
in Summary Suit No. 964 of 2019
unable to file his appearance and Vakalatnama in this suit. The reason
given by the defendant that due to Diwali Vacation from 23.10.2019 to
03.11.2019, Advocate for defendants could not file his appearance and
Vakalatnama on record for delay is satisfactory. The delay caused for
filing appearance and Vakalatnama in this Suit is explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file appearance and Vakalatnama to defend to the
Summons for Judgment. Hence, I pass following order.
ORDER
1. The Notice of Motion no.625 of 2020 is allowed, subject
to cost of Rs.2000/, which shall be paid by the
defendants to the plaintiff, on or before next date.
2. The defendants are granted permission to put their
appearance and Vakalatnama in the interest of justice.
3. The Notice of Motion No. 625 of 2020 is disposed off.
(Smt. S.G.Shaikh)
Judge,
Date : 07.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 07.02.2020.
Signed on : 07.02.2020.
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3 N/M No. 625 of 2020
in Summary Suit No. 964 of 2019
“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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4 N/M No. 625 of 2020
in Summary Suit No. 964 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.02.2020 5.10 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 07.02.2020
Order signed by P.O. on 07.02.2020
Order uploaded on 07.02.2020
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