Interim Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4866 of 2019
in Summ. Suit No. 943 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4866 OF 2019
(CNR No.MHCC01-013270-2019)
IN
SUMMARY SUIT NO.943 OF 2019.
M/s. K.K. Enterprises ... Plaintif
V/s.
Indian Cancer Society ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 01.02.2020
Appearances:
Mr. R.R. Nair, Advocate for plaintif.
Ms. Aakansha I/b Solicis Lex, Advocate for defendant.
-: ORDER :-
This is a notice of motion taken out by the defendant for
condonation of delay for flinn 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 lennth.
3. It is contended by the defendant that it is charitable trust
and the defendant was unable to enter his appearance within
10 days from the date of service of summons due to
unavailability of its Board of Trustees and was unable to pass
resolution for appointment of authorised representative.
Therefore, 25 days delay is caused for flinn his appearance
and his Vakalatnama on record in this suit.
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2 N/M No. 4866 of 2018
in Suit No. 943 of 2018
4. Considerinn 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 niven by the defendant of not passinn
of resolution for appointment of authorised representative due
to unavailability of it's Board of Trustee for delay is
satisfactory. The delay caused for flinn appearance and
Vakalatnama in this Suit is explained properly.
5. In this backnround, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowinn
the defendant to fle appearance and Vakalatnama to defend
to the Summons for Judnment. Hence, I pass followinn order.
ORDER
1. The Notice of Motion no.4866 of 2019 is allowed,
subject to cost of Rs.1000/-, which shall be paid
by the defendant to the plaintif, on or before
next date.
2. The defendant is nranted permission to put his
appearance and Vakalatnama in the interest of
justice.
3. The Notice of Motion No. 4866 of 2019 is
disposed of.
(S.G.Shaikh)
Judne,
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. 4866 of 2018
in Suit No. 943 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 Judne H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
01.02.2020
Order sinned by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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