Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4191/18 in Comm. Suit No. 688/21. 1 Order.
MHCC010139472018
Presented on : 02-11-2018
Registered on : 02-11-2018
Decided on : 16-11-2021
Duration : 3 years, 0 months, 14 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4191 OF 2018
IN
COMMERCIAL SUIT NO. 688 OF 2021
Parco Engineers (M) Pvt. Ltd. ...Plaintiff
Versus
Amit Arvind Udavant ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 16th NOVEMBER, 2021.
Mr. Manish Kenia, Advocate for the plaintiff.
Mr. Abhijeet Sawant, Advocate for defendant.
ORDER
1. The defendant has filed present notice of motion for
condonation of 21 days delay in filing leave to defend and to take the
leave to defend on record. Perused notice of motion and affidavit in
reply filed by the plaintiff. Heard learned counsel Shri Manish Kenia for
the plaintiff and learned counsel Shri Abhijeet Sawant for the
defendant.
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N/m No. 4191/18 in Comm. Suit No. 688/21. 2 Order.
2. On perusal of contents in notice of motion and affidavit in
reply, it is explicit that copies of Summons for Judgment No. 276/2018
were served upon the defendant and his advocate on 18/09/2018 and
15/09/2018 respectively. The defendant should have filed an
application for leave to defend within ten days from the date of service
of summons for judgment. It means that such application should have
come on record till 25/09/2018. Present notice of motion is taken out
on 17/10/2018. This delay of 21 days is sought to be condoned on the
ground that advocate for the defendant and his wife were ill and wife of
the defendant's advocate undergone a surgery during her delivery in the
hospital on 25/09/2018. In short, attending circumstances point
towards genuine difficulty faced by advocate for the defendant.
Considering this aspect, learned counsel Shri Manish Kenia for the
plaintiff candidly consented to grant notice of motion considering the
grounds in notice of motion in the course of his submission. In the light
of all above discussion, I pass the following order :
ORDER
1. Notice of Motion No. 4191/2018 is made absolute in terms
of prayer clause (a), (b) and (c).
2. The proceeding of N/m No. 4191/18 is closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 16/11/2021. Mumbai.
1. Dictated online on : 16/11/2021.
2. Signed on : 16/11/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 4191/18 in Comm. Suit No. 688/21. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/11/2021. 5.21 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 16/11/2021.
Judgment/Order signed by P.O. on 16/11/2021.
Judgment/Order uploaded on 16/11/2021.
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