Final Order 1

Order Details: Notice of Motion
Pdf Text: Order on Notice of Motion
No. 2771 of 2019 1
MHCC010076422019
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
NOTICE OF MOTION NO.2271 of 2019.
IN
S. C. SUIT NO.1669 of 2019.
Himachal Pradesh Horticulture Produce ...Applicant/
And Marketing and processing Corporation Ltd. Defendant.
In the matter of :-
K.S.Traders.
Through its sole Proprietor Kasmir
Singh Chandel. ..Plaintiff.
V/s.
Himachal Pradesh Horticulture Produce
And Marketing and processing Corporation Ltd. ...Defendant.
Appearances :-
None for plaintiffs.
Adv. Usha Singh i/b Vyas and Bhalwal for defendant.
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Order on Notice of Motion
No. 2771 of 2019 2
Coram : His Honour Judge
Shri.U. C. Deshmukh.
C.R. No.: 59.
Date : 01/11/2023.
Vide this Notice of Motion the defendant wants to file written
statement setting aside NO WS order dated 30/01/2019. The defendant
contends that the plaintiff had moved Notice of Motion No.2374/2016 and
his advocate left the service of the firm, hence he was unaware as to the
status of the matter hence impugned order is passed. He further contend
that he has good case to defend. Hence, prayed to allow the Notice of
Motion.
2. On the other hand it is contention of the plaintiff that reasons
set out in Notice of Motion are not legal. Hence, Notice of Motion deserves
to be rejected. The plaintiff has denied all contents of Notice of Motion
parawise. Hence, prayed reject the same.
3. Admittedly, the plaintiff has instituted suit for recovery of an
amount. There is substance in submission of plaintiff that the fact that
Notice of Motion moved by plaintiff was pending hence the defendant
could not file written statement is not justifiable ground. The contents as
to failure of advocate of the defendant to inform the defendant as to the
stage of the matter is also not good ground to justify the delay. However,
to decide the matter on merit it would be just and proper to permit the
defendant to file written statement. However, reasons for delay to file
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Order on Notice of Motion
No. 2771 of 2019 3
written statement ensue the cost. The plaintiff instituted suit in year 2019.
There is delay of 990days. Considering the delay it would be just to impose
cost of Rs.5,000/- payable to the plaintiff. In the result following order is
passed:-
ORDER
1. Notice of Motion No.2771 of 2019 is allowed subject to the cost of
Rs.5,000/- payable to the plaintiff within two months of the order.
2. Accordingly Notice of Motion No.2771 of 2019 is allowed in
terms of prayer clause (a) and (b).
3. The defendant to file written statement forthwith on record after
payment of aforesaid cost.
4. Accordingly Notice of Motion No.2771 of 2019 is disposed off.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:01.11.2023 Greater Bombay (CR 59).
Declared on : 01.11.2023
Direct Dictated on : 01.11.2023
Checked on : 01.11.2023
Signed on : 14.12.2023
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Order on Notice of Motion
No. 2771 of 2019 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.12.2023 at 02.50 -p.m. Mrs.P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 01.12.2023
Order signed by P.O. on 14.12.2023
order uploaded on 14.12.2023
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