Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2096/2018 in Sum.Suit 1101 of 2016
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2096 OF 2018
IN
SUMMARY SUIT NO. 1101 OF 2016
Mrs. Vandana Advani ...Plaintiff
Versus
Paradyne Infoservices Pvt. Ltd. & Ors. ...Defendants
Appearance:
Adv. Bhargavi Raval for plaintiff.
Adv. Radha Kapadia for defendant nos. 2 & 3.
CORAM :SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.13)
DATE : 21/09/2020
ORAL ORDER
1 The Notice of Motion is filed by the defendants to condone
the delay of 66 days to file reply to Summons for Judgment. The
Notice of Motion is supported by affidavit of Mr. Annand Sarnaaik.
He stated that the writ of summons was served to the defendants.
They filed Vakalatnama on behalf of defendant nos. 2 and 3. The
Summons for Judgment was served on 24.02.2018 upon their
advocate. The reply to the Summons for Judgment was ready.
However, due to inadvertence by his office staff, there is delay to
file the reply. Hence, prayed to allow the Notice of Motion.
2. The plaintiff filed reply to the Notice of Motion through
affidavit of Mr. Dilipkumar Atmaram Nagpal, the Constituted
Attorney of plaintiff. He stated that there is delay of 68 days and
not 66 days. The defendants failed to set out sufficient reasons.
The contentions are vague. Hence, prayed to reject the Notice of
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2 NM 2096/2018 in Sum.Suit 1101 of 2016
Motion.
3. Heard advocate Bhargavi Raval for plaintiff and advocate
Radha Kapadia for defendant nos. 2 & 3.
4. Perused the contents of Notice of Motion and reply
supported by affidavit. There is delay of 66 days as per contention
of the defendants. The plaintiff stated that the delay is of 68 days.
The suit is filed for recovery of Rs. 13,00,000/-. The contention of
the defendants is that though the reply was ready however, due to
inadvertence on the part of their staff, the reply could not be sent
to their advocate. Considering the nature of the suit, the delay
needs to be condoned and opportunity should be given to the
defendants to file reply/ leave to defend to the Summons for
Judgment. No prejudice will cause to the plaintiff. He can be
compensated with cost. Hence, pass the following order :-
ORDER
1. Notice of Motion is allowed on payment of cost of
Rs. 1,000/- (Rs. One Thousand Only) to the
defendant.
2. On payment of above cost, the delay to file reply/
leave to defend the Summons for Judgment is
condoned.
3. Accordingly Notice of Motion is disposed of.
(Smt. S.S. Nagur)
Judge,
City Civil Court,
Gr. Mumbai.
Dictated on : 21/09/2020.
Transcribed on : 22/09/2020.
Sign on : 22/09/2020.
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3 NM 2096/2018 in Sum.Suit 1101 of 2016
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
25/09/2020 12.05 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
21/09/2020
Judgment/order signed by P.O on 22/09/2020
Judgment/order uploaded on 25/09/2020
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