Interim Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4981 of 2019
in Summ. Suit No. 835 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4981 OF 2019
(CNR No.MHCC01-013597-2019)
IN
SUMMARY SUIT NO.835 OF 2019.
Hirachand Mehta ... Plaintif
V/s.
Nexus Diagnostice & Anr. ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 01.02.2020.
Appearances:
Ms. Bhakti Bhosle, Advocate for plaintif.
Mr. Chhangur S. Chauhan, Advocate for Defendant.
-: ORDER :-
This is a notice of motion taken out by the defendant for
condonation of delay for fling appearance and Vakalatnama
on record. The plaintif has fled reply to the same.
2. Perused the notice of motion and reply of the plaintif.
Heard both the advocates for the parties at the length.
3. It is contended by the defendant that ofce clerk of the
defendant had kept the summons received in the locker and
he had been in his native place as his father was sick. In these
circumstances, defendant was unable to hand over the
summons to his advocate for appearing in the suit. Therefore,
68 days delay is caused for fling his appearance and his
Vakalatnama on record in this suit.
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2 N/M No. 4981 of 2018
in Suit No. 835 of 2018
4. Considering the submissions made by the advocates of
the plaintif and the defendant, this Court holds that the
defendant was unable to fle his appearance and Vakalatnama
in this suit. The reason given by the defendant of the personal
difculty of ofce clerk for delay is satisfactory. The delay
caused for fling appearance and Vakalatnama in this Suit is
explained properly.
5. In these backgrounds, the Notice of Motion deserves to
be allowed in the interest of justice and in consequence
allowing the defendant to fle appearance and Vakalatnama to
defend to the Summons for Judgment. Hence, I pass following
order.
ORDER
1. The Notice of Motion no.4981 of 2019 is allowed,
subject to cost of Rs.2000/-, which shall be paid
by the defendant to the plaintif, on or before
next date.
2. The defendant is granted permission to put his
appearance and Vakalatnama in the interest of
justice.
3. The Notice of Motion No. 4981 of 2019 is
disposed of.
(S.G.Shaikh)
Judge,
Date : 01.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 01.02.2020.
Signed on : 01.02.2020.
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3 N/M No. 4981 of 2018
in Suit No. 835 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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