Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2976/19 SUM.SUIT 1180/2018 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.2976 OF 2019
(CNR NO.: MHCC01008148 2019)
IN
SUMMARY SUIT NO. 1180 OF 2018
Mr. Chetan Ramniklal Shah ...Plaintiff
Versus
Mrs. Beenaben Rajeshbhai Shah ...Defendant
Appearances:
Advocate Mrs. Shweta R. Agrawal for the Plaintiff.
Advocate Mr.Rajesh Bhosale for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 05th OCTOBER 2019
ORDER
This is Notice of motion for condonation of delay for 29 days to
file reply to summons for judgment.
2. Heard Ld.counsel for defendant and Ld.counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 29 days to
file reply to summons to judgment?
Yes
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NM 2976/19 SUM.SUIT 1180/2018 2
2. What order ? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld. Counsel for defendant has submitted that the defendant
was busy in engagement and wedding preparation of her son.
Thereafter she had to visit Europe and she arrived to India on
12.07.2019. There is delay of 29 days to file reply to summons for
judgment. Hence this application.
5. The Ld. Counsel for plaintiff has submitted that the delay is not
of 29 days but of 05 months and deliberately defendant has misguided
this court. The reason stated by defendant are not sufficient and
therefore, application be rejected.
6. From the record, it can be seen that there is delay to file reply to
summons for judgment. It seems that defendant is interested to contest
this suit. The reasons stated by defendant is supported by photographs
of engagement and wedding of her son. Hence, without taking any
hyper technical view this motion can be allowed subject to appropriate
cost. Therefore, point Nos. 1 is answered as 'Yes' and following order is
passed.
ORDER
1. Notice of Motion No.2976/2019 is allowed.
2. The delay is condoned subject to cost of Rs. 3000/ to be given to
the plaintiff.
3. On payment of cost, the reply filed on behalf of defendant shall
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NM 2976/19 SUM.SUIT 1180/2018 3
be taken on record.
4. Notice of Motion No.2976/2019 stands disposed of accordingly.
(M.S.LONE)
Judge,
Date: 05/10/2019 City Civil Court,Gr. Bombay
Dictated on : 05/10/2019
Transcribed on : 07/10/2019
Signed on : 10/10/2019
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NM 2976/19 SUM.SUIT 1180/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14/10/2019 at 5.40p.m. Mr. A. S. Sugdare
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
05/10/2019
Judgment/Order signed by P.O. on 10/10/2019
Judgment/Order uploaded on 14/10/2019
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