Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 216/2020 in Comm. Suit No. 103/19. 1 Order.
MHCC010005382020
Presented on : 14-01-2020
Registered on : 14-01-2020
Decided on : 23-02-2021
Duration : 1 years, 1 months, 9 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 216 OF 2020
IN
COMMERCIAL SUIT NO. 103 OF 2019
M/s Pacific Infotech Pvt. Ltd. ...Plaintiff
Versus
M/s Jai Ambe Manufacturers Ltd. and Others ...Defendants
CORAM : SHRI G.G.BHANSALI
(C.R.NO.31).
DATE : 23rd FEBRUARY, 2021.
Mr. Amit Saphale, Advocate for Plaintiff.
Mr. Krishnan Ayyar, Advocate for Defendants No.1 to 4.
ORDER
This is a motion taken out by defendants no.1 to 4 to
condone the delay of 108 days in submission of W.S. Perused reply
submitted by plaintiff.
2. Learned Adv. Krishnan Ayyar for defendants submits that
defendant was in financial crisis, therefore, he could not pay attention
in attending the suit. It is added that defendants no.2 and 3 were
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N/m No. 216/2020 in Comm. Suit No. 103/19. 2 Order.
sustained by heart-attack, therefore, defendants could not concentrate
on following schedule of hearing. It is prayed to accept the written
statement by condoning the delay.
3. Learned Adv. Saphale for plaintiff submits that
representative of defendant was not present in pre-institution
mediation. However, in view of various letters submitted by the
defendants, time was extended. Ultimately pre-mediation was failed.
There is non-starter report by DLSA. It is added that no documentary
evidence is given by the defendant. It is prayed to reject the motion.
4. Considering various grounds mentioned in the motion,
there appears to be bonafides of the defendants to resist the suit.
Defendants are ready alongwith their W.S. Learned advocate for
defendants is ready to co-operate the Court in expedite hearing.
Therefore, it would be justifiable to decide the suit on merit.
5. Considering entire facts in total, impugned delay is
condoned subject to cost of Rs.2,000/- (Rupees Two Thousand Only) be
paid to plaintiff within a week from uploading the order. Hence, the
order :
- ORDER -
1. Notice of Motion No. 216/2020 is allowed.
2. Impugned delay of 108 days is condoned, subject to cost of
Rs.2,000/- (Rupees Two Thousand Only) be paid to
plaintiff within a week from uploading the order.
3. Written statement is marked as Exh.7.
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N/m No. 216/2020 in Comm. Suit No. 103/19. 3 Order.
4. N/m No. 216/2020 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 23/02/2021. Mumbai.
1. Dictated on : 23/02/2021.
2. Transcribed on : 25/02/2021.
3. Signed on : 25/02/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/02/2021. 5.50 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 23/02/2021.
Judgment/Order signed by P.O. on 25/02/2021.
Judgment/Order uploaded on 25/02/2021.
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