Order 1

Order Details: Notice of Motion
Pdf Text: 1
MHCC010068092018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.2103 OF 2018
IN
SUMMARY SUIT NO. 532 OF 2017
M/s. Rishabh Electrosales
477A Raviwar Peth, 1st Floor,
Rukhmani Vitthal Apt, Pune,
Maharashtra 411002 ... Applicant
(Orig. Defendant)
FedEx Express Transportation & Supply
Chain services (India) Private Limited
(FedEx), A company duly registered under
Companies Act, 1956 and having its
registered office at Boomerang,
Unit No.801, Wing A and B1, eighth floor,
Chandivali Farm Road, Andheri (East)
Mumbai-4000 72 … Plaintiff
V/s.
M/s. Rishabh Electrosales
477 A Raviwar Peth, 1st floor,
Rukhmani Vitthal Apt., Pune,
Maharashtra 411002 ... Defendant.
-- 1 of 4 --
2 N/M No. 2103/2018
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT, GR.MUMBAI
(C.R. NO.59).
DATE : 11/03/2021.
Appearances:
Adv. Mr.Khatri for the plaintiff
Adv. Mr. Manoj Agre for the Defendant.
ORDER
This is a notice of motion taken out by the defendant for
setting aside the order dated 13.11.2017 passed by this Court directing
the suit to be proceeded for Ex-parte evidence. 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 on 04.05.2017 writ of
summons was issued by the defendant received by him. But, as there
was vacation to the Court from 08.05.2017 to 03.06.2017. The
vakalatnama was not filed by the defendant and exparte order was
passed against the defendant on 13.11.2017. According to the
defendant there is no delay as he has filed Vakalatnama on the very first
day of reopening of the Court 05.06.2017. In this background , the
defendant prayed for setting aside exparte order dated 13.11.2017 and
taking his appearance and vakalatnama on record.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the reason given by
the defendant about vacation period is not reasonable. Therefore, it is
held that there is delay of 29 days for filing appearance and
vakalatnama on record in the suit. Considering the mis interpretation
-- 2 of 4 --
3 N/M No. 2103/2018
by the defendant about the period of limitation of filing vakalatnama,
this Court is of the opinion that the delay of 29 days is deserves to be
condoned in the interest of justice. In consequence setting aside Exparte
order against the defendant and permitting him to file his appearance
and vakalatnama on record in the suit. The inconvenience caused to
the plaintiff can be compensated by saddling costs on the defendants
Hence, I pass following order.
ORDER
1. The Notice of Motion No.2103 of 2018 is allowed,
subject to cost of Rs.2000/-, which shall be paid by the
defendant to the plaintiff, on or before next date.
2. Exparte order dated 13.11.2017 passed against the
defendant is set aside and defendant is granted
permission to file his appearance and vakalatnama on
record.
3. The Notice of Motion No. 2103 of 2018 is disposed off.
(S.G.Shaikh)
Judge,
Date : 11/03/2021 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Dated on :11/03/2021
Typed on :11/03/2021.
Signed on :
-- 3 of 4 --
4 N/M No. 2103/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.03.2021 12.10 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
11/03/2021
JUDGMENT/ORDER signed by
P.O.on
11/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
-- 4 of 4 --