Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 SC1969.15
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion no.2973 of 2019
Notice of Motion No.876 of 2019
In
S.C. Suit No.1969 of 2015
Chetna Rajendra Kansara ..Plaintiff
V/s.
Shashikant Balkrishna Mistry
& anr. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 13th August,2019
(C.R.No.19)
Advocate Ms.Bhagyashri Vishal i/b. R.V. Sankpal & Associates for plaintiff.
Advocate Ms.Janhavi Mane i/b. Rasal Gaonkar for defendants.
O R A L O R D E R
Read Notice of Motion supported by affidavit.
2 It appears that the plaintiff has taken out Notice of Motion
no.876 of 2019 for restoration of S.C. Suit No.1969/15. The copy of said
Notice of Motion was served upon the defendants way back in the month
of March,2019. Despite that, the defendants failed and neglected to file
their reply and therefore, they came to be proceeded without their say.
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2 SC1969.15
3 By the present Notice of Motion, the defendants pray that they
be allowed to file their their say to Notice of Motion no.876/19 as the
delay was not deliberate.
4 Heard learned counsel for both the parties. There is no
dispute that the Notice of Motion 876/19 was well served way back in
March,2019 and despite that defendants failed to file their say. However,
having regard to nature of the Notice of Motion, it is desirable that the
defendants be afforded an opportunity so that the said Notice of Motion
can be decided on merits. Needless to say, the defendants would be
allowed to do so subject to their payment of costs of Rs.1,000/.
5 Hence, the following order:
O R D E R
Notice of Motion no.2973/19 is allowed subject to payment of
costs of Rs.1,000/ to DLSA.
13/08/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 13/08/2019
Transcribed on : 13/08/2019
Signed by HHJ on : 13/08/2019
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3 SC1969.15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 16/08/2019 (10.40a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 13th August,2019
Order signed by P.O. on 14th August,2019
Order uploaded on 16th August,2019
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