Date: 01-08-2019
Business: Adv. Pravin Kadam for plff present.
Adv. for Deft. tender registered NM 2824/19
Adv for plff request adjournment for reply NM.
Matter is adjd for Reply of Notice of Motion on 14.08.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: P.O. is on Training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv for plaintiff Mr.Pravin Kadam present.
None for the defendant.
Adv for plaintiff filed reply to N/M.
Matter is Adjd for N/M Argument to 11.11.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: None present.
Matter is Adjd for N/M Hearing to 20.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: P.O. is on half day leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
None Present.
Matter is Adjd for N/M hearing to 16.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 04.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Parvin Kadam for plaintiff present.
Adv. Mr. Mayur Agarwal i/by Rahul Jain for defendant present.
On oral request for Adv. for the defendant matter is adjd for SJ and NM hearing.
Adjd for SJ and NM hearing on 25.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: None for plaintiff.
Adv. Mayur Agarwal for defendant present.
KB
LO at 4.10 p.m.
Adv. P.D. Kadam for plaintiff is present.
Adv. Mayur Agarwal for defendant is present.
Order below NM No.2824/19
Perused the notice of motion which is supported by an affidavit being executed by Ashish Shaha the Vice President of Defendant Company I have also perused the reply on affidavit being executed by Finance Controller of the Plaintiff Shri Ganesh Ambre. Heard Ld. Advocates of both the sides. It is an admitted fact that initially this suit was filed before the Honble High Court wherein summons for judgment was taken out and the defendant has even filed the reply. The record shows that initial summons for judgment was withdrawn with liberty to file afresh. After change in pecuniary jurisdiction, this matter was transferred to City Civil Court and summons for judgment was taken out in the year 2013. Till 07.09.2018, the Notice of Motion No. 690/15 as mentioned in the roznama was pending which was for condoning the delay and affidavit in reply to Summons for Judgment No. 193/10. It is also submitted that there was change of the advocates and the said Notice of Motion No. 690/15 was disposed of being infructuous only on 07.09.2018. Present notice of motion was preferred on 15.07.2019. In my opinion , as the matter was transferred from Honble High Court, one opportunity needs to granted to the defendant. Be that, as it may, the Ld. Adv.for the defendant has submitted that the reply to Summons for Judgment No. 130/13 is ready and can be filed today on record and also be served upon the plaintiff. So far as the delay aspect is concerned, considering overall circumstances, in my opinion imposition of cost to be paid by the defendant to the plaintiff will suffice the purpose and the summons for judgment can be heard on merits in a time bound manner. Hence for giving fair opportunity and in the interest of Justice I pass the following order-
ORDER
1. Notice of Motion No. 2824/19 is allowed and made absolute in terms of prayer clause (a) and (b) subject to defendant paying cost of Rs. 5,000/- to the plaintiff and shall file the reply to Summons for Judgment today only on record and supply the copy to the Adv.for plaintiff.
2. After the aforesaid compliance the matter be kept for hearing on Summons for Judgment on 15.04.2021.(Afternoon Session)
Notice of Motion is disposed of accordingly.
The Adv.for the defendant has filed the reply to Summons for Judgment taken on record and copies also served to Adv.for the plaintiff.
The Adv.for the defendant undertakes to pay the cost amount to Adv.for the plaintiff within two weeks.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2021