Final Order 3

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.3087 OF 2019
IN
COMMERCIAL SUIT NO. 258 OF 2020
S.C.SUIT NO.2718 OF 2018
(CNR NO.MHCC01-008433-2019)
1. M/s. Om Biomedic Pvt. Limited & Anr. )...Applicants.
In the matter between-
M/s. Orbit Lifescience Pvt.Ltd. )...Plaintiffs.
V/s.
1. M/s. Om Biomedic Pvt.Limited & Anr. )...Defendants.
Appearance:-
Ld. advocate Mr.Kiran Rawat for plaintiff.
Ld. advocate Mr.A.R.Singh for defendants.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE : 09/03/2020(C.R.No.31)
ORDER
This is a notice motion taken out by the defendants for
setting aside exparte order and accepting their written statement.
This notice of motion resisted on behalf of the plaintiffs by filing
its reply. Heard both the learned counsels on behalf of both the
sides at length. Perused the record.
2. On scrutiny of the pleadings of both the parties, it seems
that the present notice of motion filed on behalf of the defendants
dated 13/08/2019 for accepting their written statement by setting
aside exparte order passed dated 11/06/2019. During arguments
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of the learned counsel on behalf of the defendants, it appears to
me that the advocate for defendant has argued that suit summons
were handed over to Security Guard of the defendants Company
on 07/12/2018. The said Security Guard could not hand over the
said summons to the defendants. The defendants were unaware in
respect of the filing of this present suit and only came to know
about the filing of the present suit. There is no intentional delay
for filing written statement.
3. The learned counsel on behalf of the plaintiff has submitted
that the suit summons were served on 07/12/2018. The present
notice of motion came out on 13/08/2019. There is too much
delay for filing this notice of motion. The delay is not properly
explained in this notice of motion. On these grounds, the learned
counsel on behalf of the plaintiff has requested that the present
notice of motion taken out by the defendants may kindly be
dismissed.
4. After hearing the arguments advanced on behalf of both the
sides at length and on perusal of the record, it seems that in
support of contentions made by the defendants in the present
notice of motion Mr.Kartik Rajender Bhatia, authorized
representative of defendants filed his affidavit. In support of the
contentions of the plaintiff, Mr. Janak Jivanlal Gandhi, authorized
representative of the plaintiff filed his affidavit. The plaintiffs filed
present suit for recovery of amount of Rs. 3,90,713/-. Considering
the nature of the suit, I am of the opinion that the dispute in
between the parties should be decided on merits. In order to
condoning the delay, it requires to impose costs. Therefore, I
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inclined to allow this notice of motion taken by the defendants.
Hence, I proceed to pass following order.
ORDER
1. The defendants notice of motion no.3087/2019 is hereby
allowed as prayed for subject to costs of Rs. 5,000/-.
2. The defendants shall deposit cost amount of Rs.5,000/- to the
office of District Legal Services Authority, Mumbai.
3. Notice of motion no. 3087/2019 is disposed off accordingly.
(R.V.Kokare)
Judge,
Date : 09/03/2020 City Civil Court, Gr. Bombay.
Dictated on: 09/03/2020
Transcribed on:09/03/2020
Signed by HHJ: 09/03/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
11/03/2020 11.15a.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
09/03/2020
Judgment/order signed by P.O on 09/03/2020
Judgment/order uploaded on 11/03/2020
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