Final Order 1

Order Details: Notice of Motion
Pdf Text: 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 Hon`ble 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summons for judgment was withdrawn with liberty to file afresh.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 Hon`ble 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.
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