Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.2379 of 2018
CNR No.MHCC010076692018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2379 OF 2018
IN
SUIT NO.2468 OF 2017
The New India Assurance company
Limited and another. .. Plaintiffs.
Versus
M/s. Decent Cargo Movers Pvt.
Ltd. and another. .. Defendants
Ld. Advocate Uday Shankar for plaintiffs.
Ld. Advocate Dalvi for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 09.08.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 1 for
settingaside the order dated 11.04.2018 and permitting him to file
written statement on record.
2. Defendant submitted that summons was served on
08.12.2017. Thereafter matter was listed on 25.01.2017 for written
statement. During the period he was suffering from cardiac problems.
He was under treatment. Hence, he was unable to appoint the advocate.
On 11.04.2018 the matter was proceeded (exparte) against him.
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3. Heard both the parties. Perused the material on record.
4. Upon considering the hearing there does not appears to be
deliberate delay. Thus, opportunity is granted to defendant to file the
written statement on record in the interest of justice by imposing costs.
Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.2379 of 2018 is made absolute in terms
of prayer clause (a) and (b) subject to cost of Rs. 2,000/.
2. Cost be paid on or before next date.
3. Defendant to file written statement on or before next date.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 09.08.2018 Gr. Mumbai
Dictated on : 09.08.2018
Transcribed on : 09.08.2018
Signed on : 09.08.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 13.08.2018 at 11.28 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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: 3 : Notice of Motion No.2379 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
09.08.2018
JUDGMENT/ORDER signed by P.O. on 09.08.2018
JUDGMENT/ORDER uploaded on 13.08.2018
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