Final Order 1

Order Details: Chamber summons
Pdf Text: CH 1195/19 SJ 89/19 SUM.SUIT 1452/18 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1195 OF 2019
IN
SUMMONS FOR JUDGEMENT NO. 89 OF 2019
IN
SUMMARY SUIT NO.1452 OF 2018
(CNR.NO.MHCC010067272019)
Jyoti Amarshi Gala .....Plaintiff
V/s.
M/s.Heritage Lifestyle and Developers & Ors. ....Defendants
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C. R. No.: 28)
DATED : 24TH JULY 2019
Advocate Ms.Veera for plaintiff.
AdvocateMr. Tendulkar for defendants.
ORAL ORDER
This is an application for condonation of delay of 71 days to file
reply to summons for judgment.
2. Heard Ld.counsel for defendants and ld.counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
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CH 1195/19 SJ 89/19 SUM.SUIT 1452/18 2
POINTS FINDINGS
1. Whether there are sufficient
cause to condone the delay of 71
days in filing reply to Summons for
Judgment?
Yes
2. What order? As per final order
REASONS
AS TO POINT NOS.1&2
4. Ld.counsel for defendants submitted that after service of
summons for judgment of defendants their advocate has drafted reply
due to the other sight has not forwarded to advocate for fling therefore,
this delay.
5. The Ld.counsel for plaintiff has resisted this application and has
submitted that the delay has not been explained properly. The
defendants cannot blame negligence of clerk and advocate.
6. In this case defendants want to contest the claim of plaintiff. The
reason stated for delay is satisfactory. The statement is made on oath
about the negligence of office clerk. Without taking any hyper technical
view and to give fair chance to defendant, point no.1 is answered as
'Yes'and following order is passed.
ORDER
1. Chamber summons No.1195/2019 is allowed.
2. The delay of 71 days to file reply to summons for judgment is
continued subject to cost of Rs.2,500/ be given to plaintiff on or before
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CH 1195/19 SJ 89/19 SUM.SUIT 1452/18 3
the next day.
3. On payment of cost the reply to summons for judgment shall be
taken on record.
(M.S.LONE)
Judge,
Date: 24/07/2019 City Civil Court,Gr. Bombay
Dictated on : 24/07/2019
Transcribed on : 30/07/2019
Signed on : 31/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/08/2019 at 4.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
24/07/2019
Judgment/Order signed by P.O. on 31/07/2019
Judgment/Order uploaded on 02/08/2019
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