Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.2328 of 2018
CNR No.MHCC010075232018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2328 OF 2018
IN
SUIT NO.2468 OF 2017
The New India Assurance Company
Limited and anr. .. Plaintiffs
Versus
M/s. Decent Cargo Movers Pvt.
Ltd. and anr. .. Defendants
Appearance
Ld. Advocate Brindra for plaintiff.
Ld. Advocate Ruchika Dave for defendant no. 2.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 10.09.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 2 for
settingaside order dated 11.04.2018 and to condone delay in filing the
present notice of motion and permitting them to file written statement
on record.
2. Defendant no. 2 submitted that summons was received in
office on 18.12.2017 by staff and the same was misplaced. Hence, the
delay is occurred. On 11.04.2018 matter had proceeded exparte
against defendant no. 2. Delay was not intentional and was due to
inadvertence and administrative exigencies.
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: 2 : Notice of Motion No.2328 of 2018
3. Heard both parties. Perused the material on record.
4. Upon considering the hearing there is delay in filing the
written statement. Delay does not appears to be intentional. The court
on the previous date had also condoned the delay of defendant no.1.
Hence, in the interest of justice and without stretching this issue the
delay is condoned by imposing costs. Accordingly, I pass the following
order.
: ORDER :
1. Notice of Motion No.2328 of 2018 is allowed in terms of
prayer clause (a),(b) and (c) subject to cost of Rs. 3,000/.
2. Cost be paid to plaintiff on or before next date.
3. After cost is paid written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 10.09.2018 Gr. Mumbai
Dictated on : 10.09.2018
Transcribed on : 10.09.2018
Signed on : 10.09.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 11.09.2018 at 3.10 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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: 3 : Notice of Motion No.2328 of 2018
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
10.09.2018
JUDGMENT/ORDER signed by P.O. on 10.09.2018
JUDGMENT/ORDER uploaded on 11.09.2018
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