Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010069132019
CNR NO. MHCC010069132019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2519 OF 2019
IN
SUMMARY SUIT NO.1499 OF 2017
INDIA FLEX INDUSTRIES ]
PRIVATE LIMITED ] .. Applicant
(Orig. Defendant)
IN THE MATTER BETWEEN
ASHOK KASTURCHAND KOTHARI ] … Plaintiff
V/s.
INDIA FLEX INDUSTRIES ]
PRIVATE LIMITED ] ... Defendants
Appearances :-
Ld. Adv. Mr. Gaurav Nyaynit for plaintiff.
Ld. Adv. Ms. Vaishali Padale for defendants.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th November, 2021
ORAL ORDER
1. The present Notice of Motion is taken out by the
defendants for condonation of delay in filing the Vakalatnama. It was
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submitted that the writ of summons was not properly served upon the
defendant Company. They came to know about the pendency of the
present suit. After taking instructions the Advocate for plaintiff filed the
present Notice of Motion. The defendant Company had not refused
services and they were not aware about the present proceeding. There
was delay of 386 days. However the delay was not intentional on the
part of defendant and therefore, the delay be condoned.
2. The plaintiff filed reply and denied the contention of
defendant. It was submitted that the delay is not explained properly
and the defendant deliberately filed the present Notice of Motion only
to delay the proceeding and therefore, the Notice of Motion be
dismissed.
3. Heard Learned Advocates for both the sides. The contents
are not reproduced. Admittedly there is delay in filing the vakalatnama
and appearance in the present matter. The reason of delay cited by
defendant appears to be genuine and reasonable. The delay whichever
caused does not appear to be deliberate and intentional. The defendant
wants to make appearance to defend the matter. It therefore seems that
in order to decide the real controversy between the parties it would be
necessary to allow the defendants to file his vakalatnama. If the delay
is not condoned, the defendant will suffer serious prejudice, whereas
no such harm would be caused to the plaintiff. Considering the nature
of the suit an opportunity must be given to the defendant to make
appearance and proceed with the matter. The delay being properly
explained, there appears to have been sufficient cause and therefore,
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the delay is condoned. I, therefore, proceed to pass the following
order:
ORDER
1. The Notice of Motion No.2519 of 2019 is allowed.
2. The delay in filing Vakalatnama is condoned.
3. The defendant shall file his vakalatnama on next date without
fail.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08-11-2021 City Civil Court, Gr. MUMBAI
Dictated on : 08-11-2021
Transcribed on : 16-11-2021
checked on : 16-11-2021
Signed on : 16-11-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.11.2021 at 04.30 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
08.11.2021
Judgment/order signed by P.O. on 16.11.2021
Judgment/order uploaded on 16.11.2021
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