Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.2551/2019
MHCC010070202019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2551 OF 2019
IN
COUNTER CLAIM (STAMP) NO.9256 OF 2017
IN
S. C. SUIT NO.692 OF 2017
(CNR NO.MHCC01-001652-2017)
M/S. Kandukuri Industries Pvt. Ltd. )
and Others. )...Plaintiffs to Counter
Claim/Org. Defendants
Versus
Kamal Satyaprakash Jajoo )
and Another. )...Defendants to Counter
Claim/Org. Plaintiffs
Appearances :-
Learned Adv. P. M. Purohit for defendants to Counter Claim/Org. plaintiffs.
Learned Adv. Shriram Redij for plaintiffs to Counter Claim/Org.
Defendants
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15
DATE : 27/07/2023.
ORDER
1 This notice of motion is taken out by the original plaintiffs
for permitting them to file written statement to the Counter claim. It is
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their contention that the Counter claim is still yet to be registered and it
is showing as stamp No.9256/2017. However, no cross-examination
order is passed against them, therefore, they prayed for allowing them
to file written statement to the Counter claim.
2 The original defendants resisted the contention by filing
reply, contending that no proper reason is mentioned.
3 Heard both the sides.
4 It appears from the record that the Counter claim is filed in
the year 2017, which is still on stamp number. It is the contention of
original defendants that there is no objection raised by the department,
as per their knowledge. They do not know why the Counter claim is not
registered. Therefore, it is necessary that first the Counter claim to be
registered then the question of delay in filing written statement by the
original plaintiffs would arise. In this situation, I am of the view that the
original plaintiffs deserve to be permitted to file written statement.
Hence, I proceed to pass the following order :-
ORDER
1. Notice of Motion No.2551/2019 in Counter Claim
(Stamp) No.9256/2017 in S. C. Suit No.692/2017, is
hereby allowed.
2. The defendants to Counter Claim/Org. Plaintiffs are
permitted to file written statement to the Counter Claim.
3. Written statement already filed on record, be exhibited.
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4. Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 27/07/2023 C.R. No.15
Dictated on : 27/07/2023
Transcribed on : 27/07/2023
Signed on : 28/07/2023
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“Certified to be true and correct copy of the original signed order”.
28/07/2023
at about 05.45 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 27/07/2023
Order signed by Hon'ble Judge on : 28/07/2023
Order uploaded on : 28/07/2023
at about 05.45 p.m.
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