Final Order 1

Order Details: Chamber summons
Pdf Text: CH/s.IN Sum. S No.3679/10 Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.999 OF 2018
IN
SUMMARY SUIT NO.3679 OF 2010
(HIGH COURT SUMMARY SUIT NO.1265 OF 2010)
M/s.Constructive Concrete Constructions ...Plaintiff
V/s
M/s.Avenue Shelters Pvt.Ltd. ...Defendant
Coram : His Honour Judge Shri M.M.UMAR
(C.R. No.28)
Dated : 30/08/2018
Adv. Mr.Ahuja for plaintiff.
Adv. Mr.Nishant Shah for defendant.
ORDER BELOW CHAMBER SUMMONS NO.999/18
1. This Chamber Summons is taken out by the defendant for
condoning the delay in filing the reply i.e. leave to defend to the
Summons for Judgment.
2. The plaintiff has given the say on the overleaf of the
Chamber Summons.
3. Heard. It appears that the plaintiff has filed the present suit
for recovery of Rs.61,78,465.46ps. against the defendant. After service
of Writ of Summons the defendant appeared in the suit. Thereafter, the
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CH/s.IN Sum. S No.3679/10 Order 2
plaintiff filed the Summons for Judgment but it was dismissed by the
Hon'ble High Court on 10/1/2012. Thereafter the plaintiff took out the
Notice of Motion no.535/2012 for restoring the Summons for
Judgment no.61/2011 and the said Notice of Motion came to be
allowed and Summons for Judgment restored on the file vide order
dated 30/9/2015.
4. It is important to mention here that plaintiff has given the
consent in the say for allowing the defendant to file his reply to the
Summons for Judgment. Hence, considering the above factual position
on record, the interest of justice requires to allow the Chamber
Summons. In the result, following order:
ORDER
1. Chamber summons no.999/18 is made absolute.
2. The delay caused in filing the reply to the Summons for Judgment
is hereby condoned.
3. The defendant is directed to file reply to the Summons for
Judgment on or before next date, without fail.
4. Chamber Summons no.999/18 is disposed of accordingly.
(M.M.UMAR)
Judge,
30/08/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 30/8/18.
Date of Transcription : 30/8/18.
Date of signature : 30/8/18
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CH/s.IN Sum. S No.3679/10 Order 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
30.08.18 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgement/Order.
30.08.18
Judgement/order signed by P.O on 30.08.18
Judgement/order uploaded on 30.08.18
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