Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR NO. MHCC010075312019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2739 OF 2019
IN
SUMMARY SUIT NO.1220 OF 2017
Balkrishna Paper Mills Ltd., ] … Plaintiff
V/s.
1. Manipal Technologies Ltd. ]
2. Tonse Gautham Pai (MD) ]
3. Shobith Kiran Shetty (CFO) ] ... Defendants
Appearances :-
Ld. Adv. Mr. Rutash Jadhav for plaintiff.
Ld. Adv. Mr. Jayesh Gawade for defendant No.1 and 2.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 05th August, 2021
ORAL ORDER
1. The present Notice of Motion is taken out by the defendant
Nos.1 and 2 for condoning the delay of thirty (30) days to file reply to
the Summons for Judgement in Summary Suit No.1220 of 2017. It was
submitted by the Learned Counsel for the defendants that the Summary
Suit filed by the plaintiff for recovery of principal amount is not
maintainable. The plaintiff does not have jurisdiction. The Advocate
for plaintiff filed the Summary Suit and it was informed to him by the
defendant and the communication was made to him. However, there
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Sum.Suit 1220/17
was delay in filling the Vakalatnama and reply to Summons for
Judgement. The delay was unintentional and therefore, it be condoned.
2. The plaintiff gave no objection for condoning the delay.
3. Heard Learned Counsel for the plaintiff. Considering the
reasons stated in the Affidavit it seems that the delay is inordinate and
it is necessary to condone the delay for the fair trial and for providing
just opportunity to the defendant to contest the matter on merits and
hence, I proceed to pass the following order:
ORDER
1. The Notice of Motion No.2739 of 2019 is allowed.
2. The delay is condoned and the defendants are at liberty to file
reply to Summons for Judgement in Summary Suit No.1220 of
2017.
3. No order as to costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 05-08-2021 City Civil Court, Gr. MUMBAI
Dictated on : 05-08-2021
Transcribed on : 05-08-2021
checked on : 05-08-2021
Signed on : 05-08-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Sum.Suit 1220/17
CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
05.08.2021 at 05.10 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of judgment/order 05/08/21
Judgment/order signed by P.O. on 05/08/2021
Judgment/order uploaded on 05/08/2021
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